' AJMAL MIAN, J.---By this common order, we intend to dispose of the above two petitions as they involve common question of law. They are directed against the judgements dated 16-12-1993 and 20-11-1993 passed by the Federal Service Tribunal, hereinafter referred to as the Tribunal, in Appeals Nos. 73 and 74(L)/92 filed by the present two petitioners in the above two petitions, declining the petitioners' Miscellaneous Petitions Nos. 81 of 1992 and 82 of 1993 filed by them in the above disposed of two appeals, which were disposed of by judgment dated 22-4-1993 and the cases were remanded to the authority for reconsideration of their cases for promotion. The above miscellaneous petitions were filed alleging therein that the respondents had not complied with the above judgment of the Tribunal inasmuch as that the petitioners were not promoted on the ground that there was no vacancy. The petitioners have, therefore, filed present petitions for leave to appeal.
2. In support of the above petition Chaudhry Mushtaq Masood, learned ASC; appearing for the petitioners, has vehemently urged that the grievance of the petitioners in the above service appeals was that their juniors were promoted by by-passing them without justifiable reason and, therefore, when the above cases were remanded to the respondents, they were required to examine the question, whether factually the petitioners were bypassed without any justifiable reason.
' It has further been urged by him that the plea taken by the respondents that there was no vacancy against which the petitioners can be promoted is a plea which negates the above judgement of the Tribunal.
' It has also been argued by him that learned Tribunal failed to take into consideration the above aspects.
3. We are inclined to grant leave to consider the above contentions. Leave is accordingly granted.