1. Learned counsel for the petitioner states at bar that the petitioner had first filed Service Appeal before learned Federal Service Tribunal and that in pursuance of the decision announced by Hon'ble Supreme Court reported in PLD 2006 SC 602, the Assistant Registrar of Federal Service Tribunal issued letter dated 30.6.2006 and thereby informed the petitioner that his service appeal got abated as per the dictum laid down therein."
2. The Hon'ble Supreme Court of Pakistan in another case has directed that the Registrar/anybody else on his behalf cannot issue any letter/order to state that any appeal pending before the Federal Service Tribunal may be abated and further that it is only the Tribunal itself which has to hear the parties concerned in the particular appeal and then to pass a judicial order to say as to whether or not such appeal stood abated in pursuance of any law/or case-law pronounced to that effect.
3. As such the letter dated 30.6.2006 issued by the Assistant Registrar, Federal Service Tribunal Karachi has not legal status and the same is set aside with the result that the service appeal which was filed by the petitioner before the Service Tribunal is deemed to be still pending before the Tribunal and is to be heard and decided on its on merits; and further in case the appeal is found to have been abated for any sound/judicial reason, the Tribunal itself shall have to hear the petitioner and or any other party and then to pass such competent order with reference to relevant provisions of law.
4. Petition is hereby disposed of in the above recorded terms, with the direction to the learned Federal Service Tribunal to hear the parties afresh and to decide the same according to law.-