FEDERATION OF PAKISTAN and another vs Saiyed NAZEER ALI
This matter concerns a petition for leave to appeal against a judgment of the Federal Services Tribunal, which had directed that the respondent be considered for promotion to the post of Chief, Industries and Commerce Section, Planning and Development Division, Government of Pakistan. The petitioner, the Federation of Pakistan, challenged this decision on grounds that the respondent's appeal before the Tribunal was time-barred and that the relevant rules mandated the post be filled by direct recruitment rather than promotion. Upon review, the Supreme Court found that the petitioner's arguments raised substantial questions requiring further examination. Consequently, the Court granted leave to appeal. Regarding the interim relief, the Court suspended the operation of the Tribunal's impugned order pending the final adjudication of the appeal. To ensure fairness and maintain the status quo, the Court simultaneously restrained the petitioner from filling the disputed post until the appeal is decided.
- Can the Supreme Court restrain a government department from filling a post pending the final decision of an appeal against a Service Tribunal order?
- Is it appropriate to suspend an impugned order of the Federal Services Tribunal while granting leave to appeal?
ORDER
1. ' ABDUL KADIR SHAIKH, J.-- This is a petition for leave to appeal from the judgment of Federal Services Tribunal dated 11th January, 1984 by which it has been, inter alia, directed that the respondent alongwith another officer, Mr. Irshad Ahmed, should be considered for promotion to the post of the Chief, Industries and Commerce Section, Planning and Development Division, Government of Pakistan.
2. Mr. Munir Sheikh, learned Deputy Attorney General, appearing in support of the petition submits that apart from having erred in not dismissing respondent's appeal as time-barred, the Service Tribunal A has totally ignored the categorical position pointed out that according to the rules the post is now to be filled-in by direct recruitment, and not by promotion.
3. ' After having gone through the record of the case, we feel that the pleas raised in support of the petition deserve consideration. We, therefore, grant leave and allow the petition.
4. ' Learned Deputy Attorney-General requests that the impugned direction of the Services Tribunal be held in abeyance till the appeal is decided. The request is legitimate, but at the same time it is only just and proper that the petitioner should also be simultaneously restrained from filling-in the post of Chief, Industries and Commerce Section, Planning and Development Division, Government of Pakistan. We, therefore, while suspending the impugned order of the Services Tribunal direct that the aforesaid post shall not be filled-in till the appeal is decided.