1989SCMR268 (PLP)
MASOODA AZIZ and others — Petitioners Versus REGISTRAR,COOPERATIVE SOCIETY and others — Respondents
| Citation | 1989SCMR268 (PLP) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh and S.A. Nusrat, JJ |
| Parties | MASOODA AZIZ and others — Petitioners Versus REGISTRAR,COOPERATIVE SOCIETY and others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1989SCMR268 (PLP)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR268 (PLP)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh and S.A. Nusrat, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR268 (PLP) (MASOODA AZIZ and others — Petitioners Versus REGISTRAR,COOPERATIVE SOCIETY and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Maqsood, Advocate Supreme Court and RA. Qureshi, Advocate-on-Record for Petitioners.
- Muzaffar Hassan, Advocate-on-Record for Respondents.
- Date of hearing: 6th December, 1987.
- Muhammad Maqsood, Advocate Supreme Court and RA. Qureshi, Advocate‑on‑Record for Petitioners.
- Muzaffar Hassan, Advocate‑on‑Record for Respondents.
Headnotes / Summary
(From the judgment/order of the Sind Service Tribunal, Karachi, dated 30-9-1986 in Appeal No. 47 of 1986).
Art. 212(3)--Leave to appeal granted to consider question whether legal representatives of deceased civil servant, who were stated to be entitled to arrears of salary, pension, gratuity and amounts payable under provident fund and group insurance etc., admissible in law, in case appeal before Service Tribunal succeeded, could pursue their appeal before Service Tribunal after death of civil servant and appeal to that extent could not be said to have abated.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the order of Sind Service Tribunal dated 30‑9‑1986 dismissing an appeal filed by the predecessor‑in‑interest of the petitioners on the ground that the appellant who had filed the appeal having died, the appeal stood abated. Mr. Muhammad Maqsood, learned counsel, appearing in support of the petition submits that the view taken by the Service Tribunal is erroneous in law as the legal representatives of the deceased‑appellant are entitled to the arrears of salary, pension, gratuity and the amounts payable under provident fund and group‑insurance etc., admissible in law, in case the appeal filed by the deceased appellant were to succeed, and to the extent of the above, the appeal cannot be said to have abated. The point raised by the learned counsel deserves consideration, we therefore, grant leave to appeal and allow the petition. Appeal will be heard on present record at an early date. It is open to the parties to file additional documents, if any. M.Y.H./M‑617/S Petition allowed.