S. FAYYAZ HUSSAIN NAQVI vs THE SECRETARY TO THE GOVERNMENT OF PAKISTAN And 2 Other
This matter originated as a petition for leave to appeal against an order of the Federal Service Tribunal, which had dismissed the petitioner's service appeal. The petitioner sought redress from the Supreme Court of Pakistan regarding the dismissal. Upon initial review, a bench of the Supreme Court issued notice to the Deputy Attorney-General to clarify specific legal points raised in the petition. Following the appearance of the Deputy Attorney-General and further arguments presented by the petitioner's counsel, the Court evaluated the nature of the issues involved. The Supreme Court determined that the questions raised by the petitioner were not merely individual grievances but involved significant matters of law of public importance and policy considerations. Consequently, the Court granted leave to appeal. The holding establishes that when a service-related petition before the Supreme Court involves substantial questions of law of public importance and policy, the Court will grant leave to appeal to examine the merits of the case, directing the parties to proceed on the existing record with the submission of all essential documentation.
- Under what circumstances will the Supreme Court grant leave to appeal against a decision of the Federal Service Tribunal?
- Does a service appeal involving policy matters constitute a question of law of public importance?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.---Leave to appeal has been sought; against the dismissal by the Federal Service Tribunal, of petitioner's service appeal.
2. Another learned Bench had after hearing the learned counsel for the petitioner issued notice to the Deputy Attorney-General, as stated, for clarifying certain points raised in the petition.
3. On the last date of hearing the learned Deputy Attorney-General appeared and sought further time to seek instructions in this behalf.
4. Learned counsel for the petitioner has reiterated the points raised in this petition. We after hearing the learned Deputy Attorney-General feel that the questions raised are not only of law of public importance but also of policy. Accordingly, leave to appeal is granted. The appeal shall be prepared on the present record with direction to the parties to file all essential documents.