MUHAMMAD NAWAZ, SPECIAL SECRETARY, CABINET DIVISION, Through His

ALI HUSSAIN QAZILBASH, J.---This appeal by leave arises against the order dated 9-9-1980 of the Federal Service Tribunal, Islamabad.

2. Muhammad Nawaz deceased, now represented by .The appellants, had filed an appeal before the Service Tribunal, Islamabad, on 16-8-1974 alleging that Rs.2,760 being; substantive pay as Joint Secretary, Government of Pakistan, could not be reduced on account of severance of his relationship with the Pakistan Army. Furthermore, on his promotion as Additional Secretary with effect from Ist December, 1972, he continued receiving pay of Rs:2,760 instead of Rs.2,750 prescribed for that grade.

3. While the appeal was still pending, Muhammad Nawaz breathed his last and his legal representatives tried to continue the said appeal but the learned Tribunal held that as the right to sue came to an end with the death of the. Civil servant concerned, the appeal was liable to be dismissed as having abated and order was accordingly passed on 9-9-1980.

4. Leave has been granted in this case to consider whether the right to sue was inheritable on the death of a civil servant and his legal representatives were entitled to continue the proceedings launched by him.

5. We have heard Mr. Muhammad Bilal, Advocate for the appellants and Hafiz S.A. Rahman, Advocate for the respondent. The Learned counsel for the appellants contended that the question involved in this case is one of refund of salary in connection with refixation of pay in service, therefore, the proceedings for the recovery of the emoluments alleged to be recoverable, initiated by the ' predecessor-in-interest of the appellants did not abate. The Service Tribunal, therefore, was fully competent to adjudicate upon the matter. This contention has, however, no merit. A `civil servant' has been defined in section 2 (b) of the Civil Servants Act. 1973. A right of appeal under the Service Tribunals Act of 1973 has been given to a civil servant aggrieved by any final order whether original or appellate made by a departmental authority in respect of any of the terms and conditions of his service. The appellants admittedly are the legal heirs of the deceased civil servant and there being no provision in the Service Tribunals Act of 1973 to provide any remedy to the successors-in-interest of a civil servant, of the learned Tribunal, in our view, was correct in holding that the appeal before it stood abated and the same is hereby maintained.

6. Before parting with the judgment, we may, however, add that the appellants are at liberty to approach a civil Court of competent jurisdiction to seek their redress, if so advised.

7. The appeal thus fails and is hereby dismissed with no order as to costs.