Case Details

Citation(s)
1986 SLG 2067 1986 SLD 2067 1986 PLC 353
Service Tribunal (AJ&K)
Appeals Nos. 252 to 254 of 1984, decided on. 29th September, 1985.
MUHAMMAD SIDDIQUE FAROOQI, CHAIRMAN AND KHAWAJA ABDUS SAMMAD, MEMBER

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SABIR HUSSAIN KHAN and 2 others

VS

CHIEF SECRETARYIAZAD GOVERNMENT OF J & K

Law:

Section:

Azad Jammu and Kashmir Service Tribunals Act, 1975------ ---S. 4--K.S.R., Vol. II, Art 49--Appeal to Tribunal--Maintainable against final order original or appellate--Civil servant aggrieved of revision order availing of remedy of review--Review petition rejected-­Rejection of review petition--Final order for purposes of appeal before Tribunal--Subsequent application neither entertain-able nor order passed on such application can be made basis of appeal before Tribunal--Order passed on such subsequent application--Not Final Order within meaning of S.4--Civil servant having exhausted departmental remedy of review petition subsequently making application after about 6 years to be dealt with on precedent created under of Supreme Court on case of another collegue and such application rejected by Government--Rejection of such subsequent application, in circumstances, held, not final order for purposes of appeal before 'tribunal hence appeal dismissed us not maintainable--...Tribunal however, observing that Executive Authority' would be at liberty to give equal treatment to appellant in view of of Supreme Court and it would be a fit case for reconsideration by Government to redress grievance of appellant. 1981 P L C (C.S.). 82 and 1979 P L C (C.S.) 25 held not applicable. 1980 P L C 400 ref. P L D 1978 S C 96; .1974 S C M R 95 and 1982 C L C 1306 distinguished. Bashir Ahmad u: i.-G.P., Punjab 1982 P L D 151; Khalid Mahmood v . Home Secretary, Punjab 1982 P L C (C.S.) 461; Abdul Waheed Qureshi v. Government of Punjab 1984 P L C ,(C;S..) 55 and P L 1) 1985 S C 309 rel. Khawja Muhammad Saeed for Appellants. S.Mansoor-ul-Hassan Gillani for Respondent. JUDGMENT MUHAMMAD SIDDIQUE FAROOQI (CHAIRMAN).--The above-cited three appeals. are against three different Government orders but the points involved in these appeals which need determination by the Tribunal, are common, therefore,- they shall be disposed-off through this single judgment. -The facts of the cases are briefly as under:--. 1. Mr. Sabir Hussain was promoted as section Officer, subject to the approval of Public Service Commission, vide Government order No. Admin/26697--702/76, dated 29-12-1976 and vide Government…
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