2004 PLP 431 (SCMR)

‑‑‑‑S.4‑‑‑Civil Service Regulations, Regln.371‑‑‑Constitution of Pakistan (1973), Arts.25 & 212(3)‑‑‑Employees of National Tariff Commission‑‑ Benefit of pension and G.P. Funds‑‑‑Entitlement‑‑‑Dismissal of appeal by Service Tribunal ‑‑‑Contention of petitioners was that Tribunal has not granted them equitable, relief, thus, they had been discriminated as employees of other Departments of Government had been allowed such benefit under orders of Supreme Court; and Tribunal while passing impugned judgment had .not agreed with interpretation of law made in its other judgment finding National Tariff Commission to be an attached Department of Ministry of Commerce and not a corporate body, which judgment had attained finality having not been challenged‑‑ ‑Supreme Court granted lave to appeal to consider such contention. Divisional Superintendent, P.W. R. Karachi v. Bashir Ahmed PLD 1973 SC 589; Ahmad Khan v. Secretary to Government 1997 SCMR 1477 and Secretary, Railways Board ‑ Muhammad Zubair Rana PLD 2000 SC 61 ref. Muhammad Zaman Bhatti, Advocate Supreme Court and Ch. Muhammad Akram, Advocate‑on‑Record for Petitioners. Nemo for Respondents. Date of hearing: 10th December, 2003. SYED DEEDAR HUSSAIN SHAH, J.‑‑‑By this common order we propose to dispose of Civil Petitions Nos. 1231 to 1242 of 2003, which are directed against the judgment of the Federal Service Tribunal Islamabad (hereinafter referred to as the Tribunal) dated 20‑3‑2003, passed in Appeals Nos.69(R)CS to 80(R)CS of 2002.

2. Mr. Muhammad Zaman Bhatti, learned Advocate Supreme Court, inter alia, contended that the learned Tribunal has not granted' equitable relief to the petitioners and they have been discriminated, because in the same facts and circumstances the employees of the Monopoly Control Authority (MCA) have been allowed the benefits of pension and G.P. Fund etc. He also pointed out that the employees of National Police Academy (NPA) as well as Frontier Works Organization (FWO) have been allowed the benefits of pension under the order of this Court dated 21‑1‑2003. He further submitted that the Tribunal vide judgment dated 2‑4‑1999 held that the National Tariff Commission (NTC) was an attached department of the Ministry of Commerce and that it was not a corporate body; that the aforesaid findings of the Tribunal were not challenged before appellate forum, which attained finality, and the Tribunal in the judgment impugned herein did not agree with the interpretation of the law made by the Tribunal in its judgment dated 2‑4‑1999. In support of his contentions learned counsel has referred to Divisional Superintendent, P.W. R. Karachi v. Bashir Ahmed PLD '1973 SC 589; Ahmad Khan v. Secretary to Government 1997 SCMR 1477 and Secretary, Railways Board v. Muhammad Zubatr Rana PLD 2000 SC 61.

3. We have considered the contentions raised by learned counsel for the petitioners and minutely perused the material available as well as the case‑law. Prima facie the points raised by the learned counsel require consideration, therefore, leave to appeal is granted in all the above mentioned petitions. S.A.K./M‑15/S Leave granted.