' SARDAR MUHAMMAD RAZA KHAN, J.--- State Life Insurance Corporation seek leave to appeal from the judgment, dated 7-2-2007 of Peshawar High Court whereby, the Corporation was directed to implement the judgment dated 3-11-2004 of the Federal Service Tribunal, reinstating the respondent.
2. It is alleged that against the judgment of the Federal Service Tribunal, - the Corporation had filed Civil Petition No,2948 of 2004 where the order of the Tribunal was suspended and hence at the time of delivering judgment in case of Muhammad Mubeen-ul-Islam and others v. Federation of Pakistan PLD 2006 SC 602, no judgment in favour of respondent held the filed. That in view of paragraph 109(b) of this judgment, the claim of the respondent stood abated. That he could not claim any right unless he resorted to the proper forum within 90 days and obtained relief therefrom.
4. It is a fact that Civil Petition No,2948 of 2004 was one of the causes heard in Mubeen-ul-Islam's case. After examining the entire background of the present case, we are of the view that it falls in category (b) of para.109 of the judgment. The matter pending before this Court was the petition of State Life Insurance and hence the cause that abates would be their petition and not the appeal of the respondent, which stood already decided by the Federal Service Tribunal, giving relief to the respondent So far as the stay granted by this Court on 25-4-2005 is concerned, it only suspended the implementation of the judgment of Federal Service Tribunal and cannot, by any stretch of arguments, be considered to be one setting aside the judgment in question. With the final decision rendered in PLD 2006 SC 602, the interim order happened to merge into final order that resulted into the abatement of Corporation's appeal before the Supreme Court and not the respondent's appeal before the Service Tribunal.
5. In the circumstances, the learned High Court has rightly directed the implementation of the judgment of Federal Service Tribunal. The petition being meritless is hereby dismissed and leave to appeal refused.