Law:

Section:

Civil service------- Implementation of ---Service Tribunal accepting appeal of civil servant decided that civil servant was entitled to be promoted to a post of Assistant Director in B-17 and ordered accordingly, but Establishment Division declined to pass order of promotion on ground that matter was pending in Supreme Court which had ordered status quo---Supreme Court had ordered status quo to be maintained until hearing of leave petition and that order was subject to grant of leave by Supreme Court---Subsequently, Supreme Court by its order granted leave to appeal only, but did not suspend operation of passed by Tribunal which was sought to be implemented by civil servant---While granting leave to appeal, operation of of Tribunal having not been suspended by Supreme Court, mere leave to appeal could not defeat implementation process of order passed by Service Tribunal. Ahmad Nawaz Khan v. Senior Accounts Officer, Pakistan Railways 1989 PLC (C.S.) 398 ref. Appellant in person Khalid Abbas Khan, Standing Counsel alongwith Abdul Khaliq, Dy Director and Muhammad Hafeez, S.O. D.Rs. for Respondents Fazal Elahi Siddiqi for the Private Respondents Date of hearing: 5th April, 1997 JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---This is an application of Mr. Masood Ahmed Changwani, for implementation of judgment in Appeal No. 395(R) of 1995 whereby this Tribunal decided that the appellant was entitled to be promoted to a post of Assistant Director, B-17 and we ordered accordingly. The respondents, i.e. Director-General, Bureau of Emigration and Secretary, Labour Division in pursuance of the judgment of this Tribunal forwarded the case of the appellant for promotion to Grade-17 to the Secretary, Establishment Division. The Establishment Division has declined to pass any order on the ground that the matter is pending in the Supreme Court, therefore, no action could be taken. In this situation, we heard the learned counsel for the parties and also the appellant. Mr. Fazal Elahi Siddiqi, Advocate appeared on behalf of those respondents who were declared ineligible for promotion in the impugned judgment, and argued that there is stay from Supreme Court, therefore, judgment…

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