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2002 SCMR 663

MUHAMMAD YOUSAF vs DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS

Citation2002 SCMR 663
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 288 of 2001 Appeal No, 726(R)CS/2000
Date2002-01-10
Judge(s)Iftikhar Muhammad Chaudhry, Hamid Ali Mirza, Tanvir Ahmed Khan
ResultLeave granted

ORDER

' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment, dated 25th November, 2000 passed by Federal Service Tribunal whereby Service Appeal No,726(R)CS of 2000 filed by the petitioner was dismissed.

2. In instant petition, only question for consideration is whether Federal Service Tribunal has no authority to issue directions/orders for implementation of its own judgment? It may be noted that as far as Service Tribunals Act, 1973 and the rules framed thereunder are concerned, no provision in respect of passing such direction to execute its own order is available and due to this lacuna' in the law, the Government employees are facing great hardship. Inasmuch as, after getting favourable decision from the Tribunal, they have to seek other remedy i.e, by filing writ petition before the High Court for the purpose of implementation of the orders of the Tribunal.

3. Therefore, to resolve the above question, leave to appeal is granted.

4. As short question of law of public importance is involved in instant petition, therefore, office is directed to fix this case at an early date alongwith other petitions; wherein identical point of law is involved and those are pending for final adjudication, subject to soliciting necessary approval from Hon'ble Chief Justice, Notice be also issued to Attorney, General for Pakistan. 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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