MUHAMMAD YOUSAF vs DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS
This petition for leave to appeal arises from a judgment of the Federal Service Tribunal which dismissed the petitioner's service appeal. The core legal question considered by the Supreme Court is whether the Federal Service Tribunal possesses the authority to issue directions or orders for the implementation and execution of its own judgments. The Court observed that neither the Service Tribunals Act, 1973 nor the rules framed thereunder contain provisions empowering the Tribunal to execute its own orders, creating a legislative lacuna that forces successful government employees to seek implementation remedies through writ petitions in the High Court. Finding that a question of law of public importance is involved, the Supreme Court granted leave to appeal, directed early fixation of the case along with identical pending petitions, and ordered notice to be issued to the Attorney-General for Pakistan.
- Whether the Federal Service Tribunal has the authority to issue directions or orders for the implementation of its own judgment?
- Does the Service Tribunals Act, 1973 contain provisions allowing the Service Tribunal to execute its own orders?
- Service Tribunals Act, 1973
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment, dated 25th November, 2000 passed by Federal Service Tribunal whereby Service Appeal No,726(R)CS of 2000 filed by the petitioner was dismissed.
2. In instant petition, only question for consideration is whether Federal Service Tribunal has no authority to issue directions/orders for implementation of its own judgment? It may be noted that as far as Service Tribunals Act, 1973 and the rules framed thereunder are concerned, no provision in respect of passing such direction to execute its own order is available and due to this lacuna' in the law, the Government employees are facing great hardship. Inasmuch as, after getting favourable decision from the Tribunal, they have to seek other remedy i.e, by filing writ petition before the High Court for the purpose of implementation of the orders of the Tribunal.
3. Therefore, to resolve the above question, leave to appeal is granted.
4. As short question of law of public importance is involved in instant petition, therefore, office is directed to fix this case at an early date alongwith other petitions; wherein identical point of law is involved and those are pending for final adjudication, subject to soliciting necessary approval from Hon'ble Chief Justice, Notice be also issued to Attorney, General for Pakistan. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 2 cases
- Flt. Lt. FARRUKH RASHID Versus SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD 2008 PLC(CS) 517
- Flt. Lt. Farrukh Rashid vs Secretary, Establishment Division, Islamabad And Another 2008 KLR Labour & Service Cases 320