2013 PLP 695 (SCMR)

ANWAR ZAHEER JAMALI, J.

This civil petition for leave to appeal is directed against the judgment dated 10-11-2010, passed by the Federal Service Tribunal at Karachi, whereby Appeal No.418(K)CS/2003, filed by the respondent Sheikh Murtaza son of Sheikh Karamat dated 24-12-2003, seeking relief of reinstatement in service; retirement from service on completion of 30 years and consequential benefits of pension, was allowed with the following observations:-- "

6. We have perused the judgment relied upon by the learned counsel for the appellant in 1998 PLC (C.S) 400 wherein it was held that "Federal Government employees working in East Pakistan who later on arrived in Pakistan were not only to be absorbed in relevant/concerned Division, Ministry or the autonomous Corporation but were entitled to all the salary and financial benefits which would have accrued to them, had they continued in service in the then East Pakistan during the period after 16-12-1971 till such time as they joined/resumed service in accordance with instructions/directions of Government

Petitioner belonging to such category of employees was not allowed to resume duty but he continued to stress view-point and ultimately it found favour with Ministry of Finance which found him entitled to such benefits

Petitioner's own Ministry, however, created hurdles in his way by claiming that belated offer of service to him and his acceptance of same being fresh appointment, he was not entitled to claim continuity in service and was, thus, not entitled to back benefits

Petitioner having accepted service in question alter his repatriation to Pakistan under objection, continued to struggle for his rights to which he was entitled, therefore, he was not estopped to claim back benefits of service

Decision of petitioner's own Ministry contained in letter addressed to him whereby his claim to continuity in service and back benefits was rejected was not valid and proper order and the same offended the principle of approbation and reprobation

Petitioner's own Ministry could not raise and claim that decision of Ministry of Finance was not valid and proper and ignore the same whereby petitioner's claim had been accepted. Petitioner was thus found entitled to claim continuity in service and respondent was directed to pay all the monetary benefits by way of salary and allowance from the period of 16-12-1971 to 26-3-1986 i.e. the date of his superannuation."

2. We have heard the learned Advocate Supreme Court for the petitioner and perused the material placed on record, which shows that the Tribunal, while passing its impugned order wisely kept in mind the norms of justice, which fully entitled the respondent for the claim agitated by him before the Tribunal. It is obvious from the perusal of case record that it was not due to fault of the respondent that he was made to run from pillar to post for a period of about 15 years before allowing him joining of service in the Railway Department, but due to mala fide and discourteous conduct of the petitioner Pakistan Railways, he was made to suffer for such a long period.

3. This being the position, we find no substance in this petition on merits. Besides, there is also no question of law of public importance involved in this petition which may justify exercise of our discretion for granting leave to appeal in this petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973. Consequently, this petition is dismissed and leave is refused with the observations that the claim of respondent Sheikh Murtaza be settled and all his legal dues be paid by the petitioner within 30 days from the date of receipt of copy of this order, failure whereof may entail consequences of contempt proceedings against the responsible officers of petitioner. Compliance report be also submitted before this Court. MWA/G-4/SC Petition dismissed.