Dr. ALEEM MAHMUD vs THE APPELLATE AUTHORITY through Secretary, Establishment Division, Islamabad and 28 others
This matter arises from a petition filed by Dr. Aleem Mahmud aggrieved by the alleged failure of departmental authorities to fix his seniority in accordance with a judgment of the Federal Service Tribunal. The core legal question is whether the respondents implemented the judgment of the Federal Service Tribunal dated 12-5-1991 in letter and spirit. The Supreme Court of Pakistan granted leave to appeal to examine the implementation of the Tribunal's judgment regarding seniority refixation. The key principle laid down is that departmental authorities are bound to implement judgments of the Service Tribunal strictly in letter and spirit.
- Whether the departmental authorities have implemented the judgment of the Federal Service Tribunal in letter and spirit?
- Can leave to appeal be granted to examine the correct implementation of a Service Tribunal judgment regarding seniority?
' ZIA MAHMOOD MIRZA, J.---We have heard the learned counsel for the petitioner as also the learned Deputy Attorney-General for the respondents. The main grievance of the petitioner is that the departmental authorities have not fixed his seniority in consonance with the judgment of the Federal Service Tribunal dated 12-5-1991. Position of the respondents, on the other hand, is that the seniority of the petitioner has been refixed in accordance with the judgment of the Federal Service Tribunal vide Memorandum dated 15-12-1993.
2. Having heard the learned counsel for the parties, we are persuaded to grant leave to examine whether the respondents have implemented the judgment A of the Service Tribunal dared 12-5- 1991 in letter and spirit. Order accordingly.