Case Details

Citation(s)
1994 SLG 650 1994 SLD 650 1994 SCMR 685
Supreme Court of Pakistan
Civil Petition No. 440 of 1993, decision dated: 30-11-1993
MUHAMMAD RAFIQ TARAR AND SAEEDUZZAMAN SIDDIQUI, JJ

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MUHAMMAD YOUNAS

SECRETARY, LAW and othersJUSTICE DIVISION, ISLAMABAD and 3 others

Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Civil servant's appeal was disposed of as not pressed on basis of statement made by counsel of respondent-department that seniority and fringe benefits of civil servant including pay as admissible under the rules were protected---Question of protection of seniority of civil servant and payment of fringe benefits was apparently not raised by civil servant before Service Tribunal---Question of law which had arisen for consideration, therefore, was whether disposal of appeal by Service Tribunal on basis of admission of respondent's counsel on a point which was not subject-matter of appeal, was a proper disposal of case by Service Tribunal---Leave to appeal was granted in circumstances. ORDER SAEEDUZZAMAN SIDDIQUI, J.---The petitioner, who is appearing in person, has sought leave to appeal against the order of Federal Service Tribunal, Islamabad, dated 27-6-1993. The order passed by the Tribunal disposing of the appeal of the petitioner reads as follows:----- "The 'learned counsel for the appellant stated at the Bar that he will not press his case if the seniority and the pay of the appellant are protected. The learned counsel, Hafiz SA. Rehman, appearing on behalf of the respondents assured that the seniority and other fringe benefits of the appellant including pay as admissible under the rules, will be protected. The appeal is thus disposed of in the terms, as stated above." The petitioner has referred to us the grounds of his appeal before the Tribunal and…
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