Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 212(3)---Leave to appeal was granted to examine whether the view taken by Service Tribunal that the Ministry of Finance was a necessary party as to defeat the appeal for not impleading it, was in accordance with law. (b) Service Tribunals (Procedure) Rules, 1974--R. 7---Concerned Ministry in the case of appellant was Ministry of Defence which was to grant disability pension to the appellant after obtaining sanction from the Ministry of Finance yet the operative order in this regard was to be issued by the Ministry of Defence---Ministry of Defence being the competent authority within the meaning of R.7, appeal could not be dismissed on the ground that a necessary party had not been impleaded in violation of R. 7. JUDGMENT SAAD SAOOD JAN, J.---This is an appeal by special leave from the judgment dated 3-4-1990 of the Federal Service Tribunal. It is barred by 13 days. An application for condonation of the delay has been made. After hearing the learned counsel appearing for the appellant we condone the delay, 2. The appellant was a supervisor in the Pakistan Navy (Directorate of Works and Chief Engineer's Office), Islamabad. After he had served the department for about 15 years he suffered from some ailment of the eye. On the report of the Military Hospital he was struck off the strength of his department with effect from 15-4-1986. He asked for disability pension. His case was deferred for one year when he was re-examined. Even after the re­examination he was not found fit to resume duty. He claimed that he was entitled to disability pension. The Ministry of Defence forwarded his case to the Ministry of Finance for grant of disability pension. The Ministry of Finance did not agree to allow him the said pension. After his further representations failed to elicit any favourable response he filed an appeal before the Federal Service Tribunal making the Government of Pakistan through the Ministry of Defence and the Directorate of Works and the Chief Engineer as parties to the appeal. The learned Tribunal dismissed the appeal holding that the Ministry of Finance was a necessary party to the appeal and as it had not been…

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