1994 PLP 685 (SCMR)
MUHAMMAD YOUNAS — ‑‑‑Petitioner Versus SECRETARY, LAW AND JUSTICE DIVISION, ISLAMABAD
| Citation | 1994 PLP 685 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Rafiq Tarar and Saeeduzzaman Siddiqui, JJ |
| Parties | MUHAMMAD YOUNAS — ‑‑‑Petitioner Versus SECRETARY, LAW AND JUSTICE DIVISION, ISLAMABAD |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP 685 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 685 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Rafiq Tarar and Saeeduzzaman Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP 685 (SCMR) (MUHAMMAD YOUNAS — ‑‑‑Petitioner Versus SECRETARY, LAW AND JUSTICE DIVISION, ISLAMABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 30th November, 1993.
Headnotes / Summary
(On appeal from the judgment of Federal Service Tribunal, dated 27‑6‑1993, passed in Appeal No. 110‑R/93). ‑‑‑-Art. 212(3)‑‑‑Civil servant's appeal was disposed of as not pressed on basis of statement made by counsel of respondent‑department that seniority and fringe benefits of civil servant including pay as admissible under the rules were protected‑‑‑Question of protection of seniority of civil servant and payment of fringe benefits was apparently not raised by civil servant before Service Tribunal‑‑‑Question of law which had arisen for consideration, therefore, was whether disposal of appeal by Service Tribunal on basis of admission of respondent s counsel on a point which was not subject‑matter of appeal, was a proper disposal of case by Service Tribunal‑‑‑Leave to appeal was granted in circumstances. Petitioner in person.
Judgment & Decree
SAEEDUZZAMAN SIDDIQUI, J.‑‑‑The petitioner, who is appearing in person, has sought leave to appeal against the order of Federal Service Tribunal, Islamabad, dated 27‑6‑1993. The order passed by the Tribunal disposing of the appeal of the petitioner reads as follows:‑‑‑-- "The 'learned counsel for the appellant stated at the Bar that he will not press his case if the seniority and the pay of the appellant are protected. The learned counsel, Hafiz SA. Rehman, appearing on behalf of the respondents assured that the seniority and other fringe benefits of the appellant including pay as admissible under the rules, will be protected. The appeal is thus disposed of in the terms, as stated above." The petitioner has referred to us the grounds of his appeal before the Tribunal and contended that his prayer before the Tribunal was that the order dated 28‑12‑1992, transferring him from Just Division, where he was originally appointed, was not a legal order and that he was entitled to be reverted back to his parent department with all the benefits of his service but this controversy was not decided by the learned Tribunal. He also contends that he never authorised his counsel to make the concession recorded in the impugned order. From the reading of the order of the Tribunal, reproduced above, it appears that the appeal of the petitioner was disposed of as not pressed in view of the statement made by the counsel for the respondent that the seniority and fringe benefits of the appellant including pay as admissible under the rule are protected. The question of protection of seniority of appellant and payment of fringe benefits was apparently not raised by the appellant before the Tribunal. In these circumstances, the question of law which arises for consideration is, whether the disposal of appeal by the learned Service Tribunal on the basis of an admission of respondent's counsel on a point which was not the subject matter of appeal, was a proper disposal of the case by the learned Tribunal. Leave is granted, accordingly. AA./M‑1894/S Leave granted.