' Syed Arshad Ali, Member.--The appellant through the instant appeal under Section-4 of the Service Tribunal has approached this Tribunal with the following prayers:- "(a) To hold that non-implementation of judgment dated 22.4.2013 passed by the Honorable Federal Service Tribunal Karachi in Appeal No, 77(K)CS/2011, by the respondents is illegal, unwarranted, bad in eyes of law and direct the respondents to implement the same without any delay within 45 days.
(b) To allow this appeal and direct the respondents to implement the judgment dated 22.04.2013 in its letter and spirit, the appellant may be allowed proforma promotion to BPS-21 w,e,f, 12.01.2010 under FR-17 by the respondents with at consequential back benefits.
(c) The respondents may also be burdened with heavy costs for causing physical and mental torture to the appellant since 22.04.2013.
(d) d) Or may pass any other order/orders in favor of the appellant which may be deemed fit and proper under the circumstances of this case by the Honorable Court."
2. On 29.04.2015, this Tribunal after hearing the learned counsel for the appellant, admitted the appeal "subject to all just and legal exceptions", when the learned counsel argued that by judgment of this Tribunal, the appellant would be deemed to have been promoted to BPS-20 from 26.12.2005. This judgment has been attached at exurban A/5. Subsequently, no implementation took place, the directions were not complied with and as a result, the appellant approached the Honorable High Court of Sindh as Tribunal was not having the power to implement its judgment.
Learned Counsel had pointed out that the Honorable High Court while remitting the appeal to this Tribunal had issued directions to ensure the implementation of its own judgment within 45 days, which till date has not been complied with by the respondents.
3. This appeal, as is apparent from the title, has been filed under Section-4 of the Service Tribunals Act which stipulates that any civil servant aggrieved by any order, whether original or appellate, may within thirty days of the communication of such order to him prefer an appeal to the Tribunal.
The appellant does not seem aggrieved with any order, whether original or appellate, as the same is not presently available to him. There is neither any appeal against the original order, even no appellate order. Therefore, in our view, the appeal in the present format is not maintainable, as the same has been preferred for implementation of the earlier judgment of this Tribunal dated 22.04.2013 passed in Appeal 77(K)CS/2011 in views of the prayers, reproduced above. For implementation of the judgment of this Tribunal, the appellant should have approached through proper course as provided under Service Tribunals (Amendment) Act, 2014.
4. In view of the position as above, we are of the considered opinion that the appeal does not merit any consideration and the same is hereby dismissed with no order as to costs. However, we may observe here in view of the directions of the Honorable High Court of Sindh as contained in its order dated 26.03.2015, passed in Const. Petition #1513 of 2014, the appellant may approach the Department for redress of his grievance, in terms of the order of the Honorable High Court of Sindh in the Const. Petition, ibid.
5. Parties be informed accordingly.