| Citation(s) |
|---|
| 1992 SLG 746 1992 SLD 746 1992 SCMR 1748 |
Supreme Court of Pakistan
Civil Petitions Nos. 160 and 64 of 1992, decision dated: 26-05-1992(From the order of Federal Services Tribunal, dated 12-2-1992 passed in Appeal No.156(R) of 1991 and Appeal No.428(R)/90 of 1991, order, dated 31-2-1991, respectively)
MUHAMMAD AFZAL ZULLAH, C.J. AND SAEEDUZZAMAN SIDDIQUI, J
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Civil Petitions Nos. 160 and 64 of 1992, decision dated: 26-05-1992(From the order of Federal Services Tribunal, dated 12-2-1992 passed in Appeal No.156(R) of 1991 and Appeal No.428(R)/90 of 1991, order, dated 31-2-1991, respectively)
MUHAMMAD AFZAL ZULLAH, C.J. AND SAEEDUZZAMAN SIDDIQUI, J
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MUHAMMAD YOUSAF and others
THE GOVERNMENT OF PAKISTAN through General Manager, Pak Railway and 5 others
Law:
Section:
(a) Constitution of Pakistan (1973)--Art.212(3)--7Appeal to Supreme Court--Appeal to the Supreme Court against the order of Service Tribunal under Art.212(3) of the Constitution lies only on a substantive question of law of public importance and therefore each and every order of the Service Tribunal, though it may suffer from some infirmity cannot be challenged before Supreme Court. (b) Service Tribunal Procedure Rules, 1974--- ----R.22---Rule 22 can be invoked for correction of error arising out of the accidental slip or omission as could be corrected under S.152, C.P.C:--Supreme Court, however, observed that suitable amendment was needed in the Service Tribunals Act, 1974 to vest the Tribunal with the power to correct its own mistake in a case where it results in an obvious injustice to a party before it. It is true that there is no power of review available to the Tribunal as no provision for review exists in the Service Tribunals Act. However, Rule 22 of the Service Tribunal Procedure Rules, 1974, can be invoked for correction of error arising out of the accidental slip or omission. Language of Rule 22 of Service Tribunal Procedure Rules, 1974, is almost similar to that of the section 152 of the Code of Civil Procedure and therefore all such errors which could be corrected under section 152, C.P.C. should also fall within the scope of Rule 22 for correction. Suitable amendment was needed in the Service Tribunals Act to vest the Tribunal with the power to correct its own mistake in a case where it results in an obvious injustice to a party before it. Farid Khan v. WAPDA 1984 SCMR 603 ref. ORDER SAEEDUZZAMAN SIDDUQUI, J.---We heard the petitioner who appeared in person in Petition No. 160 of 1992, Mr. M.S. Siddiqui, the learned counsel for the petitioner in Petition No.64 of 1992 and Ch. Ijaz Ahmed, the learned Dy. A.-G.; in the above petitions for leave to appeal against the orders of Federal Services Tribunal, dated 7.2-2-1992 and 3-12-1991 respectively, converted, these petitions into appeals and finally disposed of the appeals as follows: The grievance of the petitioner in Petition No.160 of 1992 is that he was promoted in Grade 17 with effect from…
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