| Citation(s) |
|---|
| 2001 SLG 1423 2001 SLD 1423 2001 SCMR 923 |
Supreme Court of Pakistan
Civil Petition No.367-K of 2000, decision dated: 5-09-2000. (On appeal from the judgment of the Federal Service Tribunal dated 25-5-2000 passed in Appeal No. 1008(K) of 1998)
DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Petitioner in person. Nemo for
Respondents
Civil Petition No.367-K of 2000, decision dated: 5-09-2000. (On appeal from the judgment of the Federal Service Tribunal dated 25-5-2000 passed in Appeal No. 1008(K) of 1998)
DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ
Petitioner in person. Nemo for
Respondents
MUKHTAR AHMED SIDDIQUI~
VS
SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY OF FINANCE, ISLAMABAD and others
Law:
Section:
Constitution of Pakistan (1973)---- ----Art.212(3)---Service Tribunals Act (LXX of,1973), S.4---Appeal before Service Tribunal---Locus standi---Assailing terms and conditions of service after retirement---Post was upgraded after retirement of civil servant--Grievance of the civil servant was that the benefit of upgradation was not given to him---Service Tribunal dismissed the appeal for the reasons that the civil servant had no locus standi to be benefited by such upgradation--Validity---Civil servant did not have any cause of action as he stood retired from service on 1-7-1984 whereas upgradation of the post was notified in 1994 as such he had no locus standi to get any benefit of such upgradation--Order of the Service Tribunal had no flaw or legal infirmity as the same was well-reasoned---Supreme Court declined interference---Leave to appeal was refused. ORDER DEEDAR HUSSAIN SHAH, J. ----Petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal, dated 25-5-2000 whereby his appeal was dismissed in limine. 2. -Petitioner joined the -Respondent-Department as Divisional Accountant on 11-8-1950. Subsequently the said non-gazetted post was said to be analogous to that of Sub-Divisional Officer of PWD vide paragraph 43 of the Central Public Department Code under rule 20(c) of Central Public Works Accounts Code which was a Class-II gazetted post. Before the Tribunal -Petitioner's claim was that he was having equal status to that of S. D.O. but despite that he was not granted the same. The Auditor-General of Pakistan recommended the case of the -Petitioner with his other colleagues to the Ministry of Finance for upgratdation of the post of Divisional Accountant but it remained pending for about 20 years and ultimately the Finance Division on 10-8-1994 upgraded the said…
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