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2001 PLC (C.S.) 1048

MUHAMMAD IDREES ALVI vs EMPLOYEES' OLD-AGE BENEFITS INSTITUTION and 4

Citation2001 PLC (C.S.) 1048
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,394-K of 1999 Appeal No,154 (K)/98
Date2000-04-24
Judge(s)Nazim Hussain Siddiqui, Rana Bhagwan Das
ResultPetition dismissed

ORDER

' NAZIM HUSSAIN SIDDIQUI, J.---Petitioner Muhammad Idrees, under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeks leave to appeal against the judgment dated 1-3-1999 of Federal Service Tribunal, whereby the appeal of the petitioner was dismissed.

2. The petitioner and respondent No,4 Iqtidar Rahim Khan are the employees of Old-Age Benefits Institution. Before the Tribunal, the petitioner had impugned the approval of promotion order of said respondent from the post of Assistant Director to Deputy Director with effect from 12-5-1998 assigning him seniority over the petitioner. Learned Tribunal held that the petitioner had not preferred any appeal/representation to the departmental authority against the impugned order before approaching the Tribunal and dismissed the appeal.

3. Admittedly, the petition is time-barred by 6 days. No valid explanation has been furnished in this regard. On this ground alone, the petition is liable to be dismissed. Besides Syed Zaki Muhammad, learned Deputy Attorney-General states that the petitioner has also been promoted and the petition has become infructuous. The factum of promotion has not been denied by the petitioner in consequence, leave to appeal is refused and the petitioner is dismissed. The petitioner may, if aggrieved, claim his seniority before the competent Authority according to law. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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