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2000 PLC (C.S) 325

FAIZ AHMAD KHAN and another vs MUHAMMAD RAMZAN ABID and 2 others

Citation2000 PLC (C.S) 325
CourtSupreme Court of Pakistan
Case No.Civil Petitions for Leave to Appeal No,1544-L and 1684-L of 1998 Appeal
Date1998-11-24
Judge(s)Muhammad Arif, Raja Afrasiab Khan
ResultOrder accordingly

ORDER

' RAJA AFRASIAB KHAN, J.---On 3-8-1998, the Punjab Service Tribunal, Lahore passed the following order:-- "The record of the case has been gone through. It seems to be a rather strange position that the department is insisting for promoting its employee while the employee consistently refusing his promotion. It is also to be noted that the appellant's request of foregoing his promotion was also approved by the Chief Minister and in spite of that the department insists of promoting the appellant. The appeal is accpted and the department has no justification to impose on him the promotion against his wishes."

' These petitions for leave to appeal have been instituted challenging the validity of the aforesaid order of the Tribunal.

2. Learned counsel for the petitioner. In C.P. 1544-L of 1998 has submitted that the petitioner was necessary party and without hearing him the , impugned order could not have been passed.

Learned counsel for the respondent has submitted that the petitioner is not an aggrieved person within the meaning of law.

3. Be that as it may, we are of the view that Faiz Ahmad Khan was not a party before the Tribunal when the appeal of the respondent was accepted. IA We consider it appropriate to remand the case to the Tribunal. The petitioner or any body else feeling aggrieved in this case before the Tribunal may make an application before it for being impleaded as a respondent in the private respondent's Appeal No,329 of 1998. With this observation, these petitions are converted into appeal and disposed of with no order as to costs.

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