SCMR 2011

2011 PLP 1742 (SCMR)

BASHER AHMED — Petitioner Versus GOVERNMENT OF PAKISTAN and others — Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petition No. 851-L of 2010, decided on 16th June, 2011.
Honorable Judges
Muhammad Sair Ali and Khilji Arif Hussain, JJ
Case Reference Summary (AEO Optimized)
Citation 2011 PLP 1742 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Muhammad Sair Ali and Khilji Arif Hussain, JJ
Parties BASHER AHMED — Petitioner Versus GOVERNMENT OF PAKISTAN and others — Respondents
Primary Law Service Tribunals Act (LXX of 1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2011 PLP 1742 (SCMR)?

This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2011 PLP 1742 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Sair Ali and Khilji Arif Hussain, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2011 PLP 1742 (SCMR) (BASHER AHMED — Petitioner Versus GOVERNMENT OF PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Service Tribunals Act (LXX of 1973)

Representation

  • Aazar Latif, D.A.-G. and Zahoor Ahmed, S.O. for Respondents.
  • Date of hearing: 16th June, 2011.

Headnotes / Summary

(Against order dated 25-3-2010 of Federal Service Tribunal Lahore, passed in M.P. No. 107 of 2009).

S. 4

Appeal, restoration of

Conceding statement

Effect

In view of conceding statement by authorities, Supreme Court directed that appeal before Service Tribunal was to be restored to its original number and would be decided in accordance with law

Appeal was allowed. Petitioner in person.

Judgment & Decree

MUHAMMAD SAIR ALI, J.

The learned Deputy Attorney-General for Pakistan has appeared and conceded that the Tribunal decided the matter of restoration of appeal and the question of limitation involved therein against the record, facts of the case and without considering the grounds raised by the petitioner for seeking restoration of the appeal. He further concedes that the appeal deserves to be restored to be decided by the Tribunal under the law and as per judgment of this Court.

2. In view of the above, this petition is converted into an appeal and allowed in the following terms:-- (i) the impugned order dated 25-3-2010 passed by the Tribunal (in M.P.No.107 of 2007 in Appeal No.1074(L)CS of 2009 titled as Bashir Ahmed v. Polulation), is set aside; (ii) the application for seeking restoration of the appeal is allowed in terms of the observations recorded in this Court's order dated 8-6-2011, and on the basis of grounds raised therein; and (iii) in view of the conceding statement of the learned Law Officer, it is directed that the appeal before the Tribunal is restored to its original number and shall be decided in accordance with law and as per decisions already made in similar cases. M.H./B-2/SC Case remanded.