1. ' SAEEDUZZAMAN SIDDIQUI, J.---The petitioner, who is appearing in person, has sought leave to appeal against the order of Federal Service Tribunal, Islamabad, dated 27-6-1993. The order passed by the Tribunal disposing of the appeal of the petitioner reads as follows:--- "The learned counsel for the appellant stated at the Bar that he will not press his case if the seniority and the pay of the appellant are protected. The learned counsel, Hafiz SA. Rehman, appearing on behalf of the respondents assured that the seniority and other fringe benefits of the appellant including pay as admissible under the rules, will be protected. The appeal is thus disposed of in the terms, as stated above."
2. ' The petitioner has referred to us the grounds of his appeal before the Tribunal and contended that his prayer before the Tribunal was that the order dated 28-12-1992, transferring him from Justice Division, where he was originally appointed, was not a legal order and that he was entitled to be reverted back to his parent department with all the benefits of his service but this controversy was not decided by the learned Tribunal. He also contends that he never authorised his counsel to make the concession recorded in the impugned order.
3. From the reading of the order of the Tribunal, reproduced above, it appears that the appeal of the petitioner was disposed of as not pressed in view of the statement made by the counsel for the respondent that the seniority and fringe benefits of the appellant including pay as admissible under the rule are protected. The question of protection of seniority of appellant and payment of fringe benefits was apparently not raised by the appellant before the Tribunal. In these circumstances, the question of law which arises for consideration is, whether the disposal of appeal by the learned Service Tribunal on the basis of an admission of respondent's counsel on a point which was not the subject-matter of appeal, was a proper disposal of the case by the learned Tribunal. Leave is granted, accordingly.