MUHAMMAD NAWAZ KHAN Versus GOVERNMENT OF PAKISTAN

ORDER

1. MUHAMMAD AFZAL ZULLAH, J.‑ ‑Leave to appeal has been sought by the petitioner against the dismissal of his appeal by the Federal Service Tribunal.

2. The petitioner, a lateral entrant as Deputy Secretary in the Federal Government through an examination held in 1973, lost this benefit when the Federal Service Commission declined to approve his appointment. His appeal before the Federal Service Tribunal also failed mainly on the ground that according to the correct calculation, he had failed to obtain the necessary marks. Another person, Rao Fazal Khan Akhtar, in the same position, however, had succeeded before the Tribunal. The petitioner, it is asserted, again agitated the matter with the Government on the basis of the other appellate order; but without success, as the Government had challenged that order in this Court. The petitioner again filed appeal before the Tribunal which has been dismissed mainly on the grounds that one wrong order could not justify passing of another‑‑in any case, there being no power of review, it was difficult to avoid indirect bar of res judicats.

3. After hearing the learned counsel, we consider it a fit case for grant of leave to appeal and grant the same to examine, inter alia, the effect of dismissal of appeal by this Court against Rao Fazall Khan Akhtar, as time‑barred.

4. He also, be impleaded as respondent in this appeal.

5. Appeal to be heard on the present record with direction to the parties to file all necessary additional documents.

6. M.Y.H./M‑554/S Leave to appeal granted.