| Citation(s) |
|---|
| 1984 SLG 1258 1984 SLD 1258 1984 PLC 587 |
Federal Service Tribunal, Islamabad
Appeal No. 148 (R) of 1982, decided on 7th February, 1984,
MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS
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Appeal No. 148 (R) of 1982, decided on 7th February, 1984,
MUHAMMAD IRSHAD KHAN AND BRIG. (RETD.) ABDUR RASHID, MEMBERS
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RASH KHAN
VS
ADDITIONAL SECRETARY TO GOVERNMENT OF PAKISTAN MINISTRY OF KASHMIR AFFAIRS NORTHERN AFFAIRS DIVISION AND OTHERS
Law:
Section:
Service Tribunals Act (LXX of 1973)- --S. 4 (1)-Appeal before Tribunal-Lies against final order-Appeal against tentative seniority list-Not maintainable. S. H. M. Rizvi v. Maqsood Ahmed P L D 1981 S C 612 rel. F. E. Siddiqui for Appellant. Syed M. Shahudul Haq for Respondent No. 1. Respondent No. 5 in person. M. S. Siddiqui for the Remaining Respondents. Date of hearing: 26th January, 1984. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The appellant, an Agriculture Engineer in the Agriculture Department seeks to challenge the seniority list of the officers of the Agriculture Department, Gilgit, by urging that his name has been wrongly excluded therefrom. 2. An objection has been taken by the respondent-department about the competence and maintainability of the present appeal. It is contended that the list impugned by the appellant is tentative and will be finalized after the proposed recruitment rules are framed for which a case is being processed in consultation with the Establishment Division/ Federal Public Service Commission. 3. A similar question came up for consideration before the Supreme Court in the case of S. H. M. Rizvi v. Maqsood Ahmed (PLD1981SC612) and it was laid down by their Lordships: - "Right of appeal has been conferred by subsection (1) of section 4 only against a 'final order whether original or appellate'. A final order has the distinction of determining the rights of the parties. Where any further step is necessary…
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