Law:

Section:

Constitution of Pakistan (1973)-------Art. 212---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for damages---Rejection of plaint---Bank where appellant was appointed as Godown keeper having been merged in another Bank, services of appellant stood transferred to the said Bank---Appellant completed 25 years of service---Service of appellant in the first Bank from 21-11-1972 to 20-6-1974 having not been included, full emolument due to appellant were not paid to him and he had to resort to litigation in the High Court, Service Tribunal and Supreme Court; and in the light of decision so rendered, appellant was paid his remaining emoluments---Attributing mala fide to respondent, appellant claimed damages on various counts in his suit for damages---Iry written statement filed by respondents, their main objection was that jurisdiction of civil court was barred under Art.212 of the Constitution and respondents filed separate application under O.VII, R.11, C.P.C. for rejection of plaint, which was rejected----Appellant had filed appeal against said rejection order---Contention of respondents was that claim for damages was relatable to the terms of service and was cognizable only 1}y Service Tribunal---Validity---Damages were being claimed by appellant on the ground that because of acts of respondents, appellant was forced to resort to litigation and he had also sought compensation. for the delay---Appellant, in circumstances, could not be treated as a civil servant under S.2-A of Service Tribunals Act, 1973 as his terms and conditions were not determined by Federal legislation---Appeal was allowed and impugned order and decree was set aside, with.the result that suit filed by appellant would be deemed to be pending before civil court, which would be decided in accordance with law. Muhammad Mubeen-us-Salam_ and others v. Federation 'of Pakistan PLD 2006 SC 602; Federal Ministry of Railways and others v. Zafarullah Khan 1988 PLC (C.S.) 602 and Zafar Ali Qureshi v. Muhammad Ali PLD 2002 SC 723 rel. Muhammad Akram Javed for Appellants. Zafar Iqbal Chaudhary for Respondent. Date of hearing: 12th June, 2007. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 27-10-2005, the…

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