' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- The case of the petitioner is that his appeal has been disposed of without passing a judicial order and the Registrar of Federal Service Tribunal vide impugned notice, has informed him that his case has abated w.e.f, 27th day of June, 2006, in view of the judgment of this Court passed in C.As. Nos.792 to 816 of 2005 etc. According to him, the Registrar has no authority to declare that the appeal had abated, as it is the function of Federal Service Tribunal to dispose of such cases by passing judicial order notwithstanding the fact that it has been abated or otherwise, in view of circumstances of each case and in view of the criteria laid down by this Court in the judgment of this Court, which has been relied upon.
2. Learned counsel for the respondent, when confronted with the argument put forward by the petitioner's counsel, contended that as appeals have abated, therefore, Chairman had passed a general order directing the Registrar to inform the appellants accordingly. Therefore, his appeal has been disposed of accordingly.
3. We are not inclined to agree with the submission of learned counsel for the respondent because separate order is required to be passed in every case by the Service Tribunal after providing opportunity to the parties keeping in view the observations made by this Court in the judgment relied upon.
4. Thus, for the foregoing reasons, notice of information that appeals have abated cannot be considered as judicial order. As such it would be deemed that appeal of appellant is pending on the file of FST and is required to be disposed of.
5. Hence, case is remanded' to FST for disposal of appeal accordingly. Petition is converted into appeal and allowed with no order as to costs.