UMAR ATA BANDIAL , C.P. 2429-L OF 2018 : The petitioner filed a writ petition claim ing relief in relation to his terms and conditions of service in the respondent-corporation. Learned Single Bench vide impugned judgment dated 10.01.2007 dismissed the writ petition on the ground that the service regulations of the respondent-corporation were of non-statutory character . The learned Division Bench of the High Court dismissed the petitioner's Intra Court Appeal vide impugned judgment dated 11.10.2018, on the ground that the judgment in the service appeal filed by the petitioner before the Federal Service Tribunal could not be challenged before the High Court but only before the Supreme Court.
2. The petitioner's Civil Petition filed against the judgment of the Federal Service Tribunal dated 14.02.2005 had abated upon the announcement of the judgment of this Court in Muhammad Mubeen-us-Salam and others v.
Federation of Pakistan through Secretary , Ministry of Defence and others (PLD 2006 SC 602). This Court allowed the petitioner to approach the competent forum for redress. Consequently , the ground taken by the learned Division Bench is in error .
3. The other ground, that the petitioner's terms and condition of service are not governed by statutory rules has been considered by this Court in Chairman, State Life Insurance Corporation v. Hamayun Irfan (2010 SCMR 1495 ), wherein at page 1503 it is held that the service regulation possess the necessary characteristics to carry statutory ef fect. In the circumstances, the decision by the learned Single Bench is also in error .
4. In the result the petitioner's writ petition is liable to be considered and decided in accordance with the law but without the aforenoted two objections posing as impediments thereto. This petition is accordingly converted into an appeal and allowed.
C.P. 2439-L OF 2018 : The petition has become infructuous. Therefore, the same is dismissed.