Law:

Section:

Constitution of Pakistan (1973)-----Art.212(3)---Leave to appeal was granted to consider whether right to sue was inheritable on the death of a civil servant and his legal representatives were entitled to continue proceedings launched by him. (b) Civil Servants Act (LXXI of 1973)--S. 2(b)---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan (1973), Art. 155(3)---Right to sue whether inheritable on the death of civil servant---Right of appeal, under Service Tribunals Act, 1973, had been given to civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of any of the terms and conditions of his service---Legal representatives of civil servant being his legal heirs after his death, and there being no provision in Service Tribunals Act, 1973 to provide any remedy to successors-in-interest of a civil servant, Service Tribunal was correct in holding that appeal before it stood abated and same was maintained by Supreme Court---Legal representatives of deceased civil servant were, however, at liberty to approach Civil Court of competent jurisdiction to seek their redress, if so advised. JUDGMENT ALI HUSSAIN QAZILBASH, J.---This appeal by leave arises against the order dated 9-9-1980 of the Federal Service Tribunal, Islamabad. 2. Muhammad Nawaz deceased, now represented by .the appellants, had filed an appeal before the Service Tribunal, Islamabad, on 16-8-1974 alleging that Rs.2,760 being; substantive pay as Joint Secretary, Government of Pakistan, could not be reduced on account of severance of his relationship with the Pakistan Army. Furthermore, on his promotion as Additional Secretary with effect from Ist December, 1972, he continued receiving pay of Rs:2,760 instead of Rs.2,750 prescribed for that grade. 3. While the appeal was still pending, Muhammad Nawaz breathed his last and his legal representatives tried to continue the said appeal but the learned Tribunal held that as the right to sue came to an end with the death of the. civil servant concerned, the appeal was liable to be dismissed as having abated and order was accordingly…

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