' MAMOON RASHID SHEIKH, J.--- Through this petition the petitioner has sought implementation of the judgment dated 11-3-2010 of the learned Federal Service Tribunal, Islamabad, passed in Appeal No,346(R)CE of 2005 in favour.Of the petitioner. The prayer made by the petitioner is, inter alia, to the following effect:--- "(i) The instant writ petition be accepted with costs, the following relief may please be granted to the petitioner;
(ii) The impugned act of respondents of non-implementation of judgment of FST Islamabad and non-release of salary from the reinstatement of petitioner to date may be set aside/quashed/ declared arbitrary/illegal/unlawful/mala fide and without lawful authority.
(iii) That by accepting the petition the respondents may kindly be directed to grant all the back benefits as per judgment of FST from 21-11-2004 to onward. The respondents be also directed to release the salary of the petitioner from the date of reinstatement i,e, 15-4-2010 to onward with consequential benefits as per judgments of honourable Tribunal.
(iv) It is further prayed that the de novo proceedings may kindly be declared null and void and against the orders of FST and be quashed in the interest of justice."
2. The learned counsel for the petitioner submits that respondents Nos.2 and 3 have, however, partially implemented the said decision by reinstating the petitioner through order dated 15-4- 2010. The petitioner re-joined service and has been working ever since for the Pakistan Software Export Board (Guarantee) ("the Board") but respondents Nos.2 and 3 have failed to release the petitioner's salary/back-benefits.
' Moreover, the petitioner is being made to work without any pay since 15-4-2010.
3. The learned counsel for respondents Nos. 2 and 3 submits that the said respondents have filed C.P. No,1039 of 2010 before the Hon'ble Supreme Court of Pakistan against the judgment dated 11-3- 2010 passed by the learned Federal Service Tribunal. The said C.P. Has, however, not come up for hearing nor any stay order has been granted to respondents Nos.2 and 3.
4. Further submits that, even otherwise, the judgment in question of the learned Federal Service Tribunal is liable to be set aside due to the law as laid down by the Hon'ble Supreme Court of Pakistan in the judgment reported as "Executive Council, Allama lqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi" (2010 SCMR 1484) and the unreported judgments of the Hon'ble Supreme Court of Pakistan in; "C.P.L.As. Nos.347-K and 348-K of 2002, Trustees of the Port of Karachi v. Lt. Cdr. (Retd.) Abdul Aziz Narejo and others Civil Petition No, 753 of 2003, OPF and another v. Mazher Arif and another C.P.L.A. No,1915 of 2002, Federation of Pakistan and another v. Gohar Riaz Civil Petition No,1603 of 2002, Chairman, WAPDA v. Salahuddin and another C.P.L.A. No,272 of -2003, WAPDA through its Chairman v. Muhammad Qasim Jan and another and Civil Petition No,1405 of 2003 Pakistan State Oil Co. Limited and others v. Raja Ali Gul Mangi and another. Contends that the instant petition is, therefore, not maintainable. Prays for its dismissal.
5. When confronted with the above, the learned counsel for the petitioner whilst relying on 'Fazal Elahi v. Pakistan Telecommunication Company Ltd. And another 2004 PLC (C.S.) 655; Muhammad Siddique Detho v. State Life Insurance Corporation and others 2005 PLC (C.S.) 946; Muhammad Azeem v. F.D.A. And another 2006 PLC (C.S.) 95; Khan M. Mutiur Rahman and others v. Government of Pakistan through Secretary Ministry of Finance (Revenue Division) and others 2006 PLC (C.S.)
564; Muhammad Arshad Khan v. Director-General Agriculture (Water Management) Punjab, Lahore and 2 others 2010 PLC (C.S.) 71; Hafiz Tariq Saeed, Ex-DE PTCL Gujranwala v. Federation through Secretary (IT and Telecom Division), Ministry of Information Technology, Islamabad and another 2010 PLC (C.S.) 997 and Muhammad Arif v. Government of Punjab and others 2007 PLC (C.S.) 428 submits that mere filing of a petition by the respondents before the Hon'ble Supreme Court of Pakistan against the decision of the learned Federal Service Tribunal does not automatically suspend the operation of the judgment of the learned Federal Service Tribunal.
6. Further submits that, subject to the final decision of the respondents' C.P. No,1039 of 2010 pending before the Hon'ble Supreme Court of Pakistan, since the petitioner has been working for the Board from the date of his reinstatement (15-4-2010) ,without any salary/emoluments, respondents Nos.2 and 3 may be directed to at least pay the salary/emoluments of the petitioner from the said date until such time the Hon'ble Supreme Court of Pakistan finally decides the respondents' C.P. No,1039 of 2010 as it is the right of the plaintiff to receive salary/emoluments as compensation for work done.
7. The learned counsel for respondents Nos.2 and 3 has weakly tried to controvert the above contention and has reiterated that since the matter is sub judice before the Hon'ble Supreme Court of Pakistan, the petition may be dismissed.
8. Having heard the arguments of the parties and gone through the case-law cited at the bar I find force in the contention of the learned counsel for the petitioner that mere filing of a petition by the respondents before the Hon'ble Supreme Court of Pakistan against the decision of the learned Federal Service Tribunal does not automatically suspend the operation of the judgment of the learned Federal Service Tribunal.
9. It is an admitted fact that the petitioner is working for the Board since 15-4-2010 i,e, date of his reinstatement under the orders of the learned Federal Service Tribunal. It is also admitted that the petitioner has not been paid any salary/emoluments for the work done. In the facts and circumstances of the case, therefore, it is directed that the petitioner, pending the final adjudication of respondents Nos.2 and 3's C.P. No,1039 of 2010 before the Hon'ble Supreme Court of Pakistan, be paid his salary/emoluments w,e,f, 15-4-2010, subject to the final decision given in the matter by the Hon'ble Supreme Court of Pakistan.
10. This petition is accordingly disposed of in the above terms with no order as to costs.