1. ' Ka. GHULAM QADIR (MEMBER).-This application for execution of the order of Service Tribunal. Dated 7th November, 1976 was filed by applicant Mushtaq Ahmed alleging therein that the respondent- Government having re-instated him in accordance with the above-referred decision of the Service Tribunal did not pay him the emoluments including pay to which he was entitled on the re- instatement.
2. ' We have heard the learned counsel and have also gone through the record of this petition. The petitioner has based his claim on the judgment of Service Tribunal dated 7th November, 1976, the operative part of which reads as under :- "In view of the above discussion we hold the impugned order dated 4th July, 1972 and the consequent termination of the appellant's service as invalid and without any legal effect."
3. ' From the above decision it is quite evident that the Tribunal gave its findings on the question of the validity of the impugned order and held the same invalid and without legal effect but did not make any order with regard to pay any other benefits accruing for the period for which applicant remained out of service. The question whether without any express order or direction of the Service Tribunal in its judgment as regards payment of pay and other natural benefits the appellant is entitled to receive the same legally remains to be determined but before the Service Tribunal gives any finding on this question it is deemed necessary that the concerned administrative authority should first decide the matter in black and white at its own level. If the appellant feels that the concerned authority has turned down his claim then and then only he shall be justified to bring his case for the pay before the Tribunal. The appellant has not filed any document which may show that his claim to pay etc. Has been rejected by the competent authorities.
4. ' With these observations the claim of the appellant is held premature and the application is dismissed.
5. ' SARDAR MUHAMMAD ASHRAF KHAN (CHAIRMAN).---I agree that this application as not maintainable before this Tribunal.