| Citation(s) |
|---|
| 1990 SLG 1133 1990 SLD 1133 1990 SCMR 1496 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.793 of 1987, decision dated: 31st July, 1989.
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Malik Muhammad Azam Rasul, Advocate Supreme Court and Muhammad Chaudhry. Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Leave to Appeal No.793 of 1987, decision dated: 31st July, 1989.
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Malik Muhammad Azam Rasul, Advocate Supreme Court and Muhammad Chaudhry. Advocate-on-Record for Petitioner. Nemo for
Respondents.
MUBASHIR HUSSAIN-
VS
PUNJAB PROVINCE through Secretary, Finance Department and 3 OTHERS
Law:
Section:
West Pakistan (Non-Gazetted) Civil Services (Pay Revision) Rules, 1959-------Constitution of Pakistan (1973), Art.212(3)---Leave to appeal---Departmental orders challenged by petitioner before Service Tribunal were not determinative orders, but were simply letters addressed by Officer on Special Duty to Department concerned in which clarification with regard to certain matters concerning service record of petitioner and certain information concerning question of fixation of' pay were asked from the Department---No final order adverse to terms and conditions of service of petitioner having been passed by Authorities below against which appeal could be filed before Service Tribunal appeal, held, was rightly dismissed by Service Tribunal being premature---No question of law of public importance requiring further examination having been raised, leave to appeal was refused. JUDGMENT SHAFIUR RAHMAN, J.---The petitioner a civil servant, seeks leave to appeal against the judgment of the Service Tribunal, dated 17-9-1987 whereby the Service appeal filed by him was dismissed by the Service Tribunal as premature. 2. The petitioner challenged two departmental orders before the Service Tribunal. The one, dated 20-12-1984 was a letter addressed by the Officer on Special Duty in the Office of the Accountant General Punjab to the Superintending Engineer Irrigation, Bahawalpur, seeking certain clarifications with regard to certain matters concerning the service record of the petitioner and others. The other order challenged by him was dated 11th of June, 1986 from the Irrigation Department addressed to the Chief Engineer Irrigation, Bahawalpur regretting the inability of the Finance Department to agree to the proposals contained in the representation dated 8-12-1985. He sought a relaxation in the Rules with regard to the exercise of option under the West Pakistan (Non-Gazetted) Civil Services (Pay Revision) Rules, 1959, which was refused. 3. The Service Tribunal formed an impression from such a submission that the matter had been prematurely brought before it as would appear from the following conclusions recorded:-- "These clarifications still remained unanswered and the…
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