PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit-Baltistan Versus FARID ULLAH PS
1. DR. RANA MUHAMMAD SHAMIM, C.J.--- The learned Advocate General Gilgit-Baltistan contends that this Service Appeal No.137/2014 was filed before the Gilgit-Baltistan, Service Tribunal, wherein, the services Tribunal, Gilgit-Baltistan has converted service appeal into Misc. application and passed judgment on Misc. Petition No.289/2014, without any lawful authority and without any jurisdiction. He further contended that the Gilgit-Baltistan Service Tribunal has also no jurisdiction to direct the respondents to implement OM dated 23-12-2011, similarly, the respondents have no right to file service appeal before the Service Tribunal for implementation to Office Memorandum No. F.N 10 (55) Legal-II/2010-1055 dated 23-12-2011. He further contended that the learned Chief Court, Gilgit-Baltistan while passing the impugned order/judgment did not consider the legal points raised by the respondents (and now petitioners in the case in hand), hence, the Miscellaneous Petition No. 289/2014 is not maintainable and liable to be set aside.
2. We have heard the learned counsel for the petitioners as he could not point out any infirmity and illegality in the impugned Miscellaneous Petition No. 289/2014 dated 28-05-2015 passed by the Gilgit-Baltistan, Service Tribunal. We are not inclined to grant leave. The leave to appeal is accordingly refused. The impugned judgment dated 28-05-2015 passed by the Service Tribunal Gilgit-Baltistan is maintained.
3. Leave refused.
4. HBT/210/GB Leave refused.