MUHAMMAD, SAEED QURESHI AND OTHERS vs ISLAMIC REPUBLIC OF PAKISTAN
This matter comes before the Supreme Court of Pakistan upon leave to appeal being granted to consider whether the Department was justified in denying back and future benefits to the petitioners after designating them as Upper Division Clerks in 1972, and whether the Service Tribunal was justified in dismissing the petitioners' appeal as not maintainable on the ground that the impugned order was passed prior to 1969. Upon reviewing the record, the Court found that the grievance pertained to the denial of pay under scales revised by rules framed in 1949. The Supreme Court held that the Service Tribunal rightly dismissed the appeal as not maintainable because the decision was made before 1969 and the appeal was also time-barred. Consequently, the order granting leave to appeal was recalled and the petition was dismissed.
- Whether the Service Tribunal was justified in dismissing an appeal as not maintainable when the impugned order was passed before the year 1969?
- Can an appeal regarding service pay revision dating back to rules framed in 1949 be maintained before the Service Tribunal?
- Whether leave to appeal granted by the Supreme Court can be recalled upon discovering the appeal before the Service Tribunal was time-barred?
ORDER
1. ABDUL KADIR SHAIKH, J.-Leave to appeal was granted in order to consider whether after having designated the petitioner as Upper Division Clerks in 1972, the Department was justified in not giving them back and future benefits, and also whether the Service Tribunal was justified in dismissing petitioners' appeal as not maintainable because the impugned order was passed before the year 1969.
2. ' After having gone through the record of the case we find that the appellants' grievance relates to the denial of the pay according to the pay scales revised under the rules framed in the year 1949.
3. The Service Tribunal, therefore, rightly dismissed the appeal filed by the appellant as not maintainable for the reason that the decision in question was made before the year 1969 and also because the appeal even otherwise was time-barred.
4. ' For these reasons the order granting leave to appeal is recalled and the petition is dismissed.