MASOODA AZIZ and others vs REGISTRAR,COOPERATIVE SOCIETY and others
This petition for leave to appeal challenges an order of the Sind Service Tribunal, which dismissed an appeal filed by the petitioners' predecessor-in-interest on the grounds of abatement following the appellant's death. The core legal question is whether an appeal filed by a civil servant before a Service Tribunal abates entirely upon the death of the appellant, or whether the legal representatives of the deceased appellant have a right to pursue the appeal to recover financial benefits such as arrears of salary, pension, gratuity, provident fund, and group insurance. The Supreme Court granted leave to appeal, holding that the legal representatives are entitled to pursue the appeal to the extent of claiming these admissible financial benefits. The principle established is that an appeal involving claims to monetary benefits and entitlements of a deceased civil servant does not abate upon the appellant's death, as the cause of action survives in favor of the legal representatives to the extent of those financial claims.
- Does an appeal filed by a civil servant before a Service Tribunal abate entirely upon the death of the appellant?
- Are the legal representatives of a deceased appellant entitled to pursue an appeal to recover arrears of salary, pension, and other financial benefits?
ORDER
1. ' ABDUL KADIR SHAIKH, J.-- This is a petition for leave to appeal from the order of Sind Service Tribunal dated 30-9-1986 dismissing an appeal filed by the predecessor-in-interest of the petitioners on the ground that the appellant who had filed the appeal having died, the appeal stood abated Mr. Muhammad Maqsood, learned counsel appearing in support of the petition submits that the view taken by the Service Tribunal is erroneous in law as the legal representatives of the deceased- appellant are entitled to the arrears of salary, pension, gratuity and the amounts payable under provident fund and group-insurance etc., admissible in law, in case the appeal filed by the deceased-appellant were to succeed, and to the extent of the above, the appeal cannot be said to have abated.
2. The point raised by the learned counsel deserves consideration, we therefore, grant leave to appeal and allow the petition.
3. ' Appeal will be heard on present record at an early date. It is open to the parties to file additional documents, if any.
Cited by 2 cases
- Manzoor Ahmed vs Chief Executive, HESCO. WAPDA And 3 Other (K.L.R. 2005 Labour & Services Cases 306)
- Syed ATHAR SAEED vs DIRECTOR GENERAL, PAKISTAN BROADCASTING 2005 PLC (C.S.) 853