| Case ID |
0b908262-f936-49b5-9cfc-ef9b5c27b8c4 |
| Body |
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| Case Number |
Appeal No. 249(I) of 1988 |
| Decision Date |
Mar 22, 1992 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as incompetent under Section 4 of the Service Tribunals Act, 1973. The civil servant's appeal did not show against which order he had filed an appeal, and the earlier order of promotion regarding the respondent had been withdrawn retrospectively. Both the civil servant and the respondent were placed in the same grade, but the appeal did not challenge any existing order related to seniority. Moreover, as there was no final order passed, it was not possible to determine the starting point for the limitation period, leading to the dismissal of the appeal for lack of a cause of grievance. |
| Summary |
In the case of Riaz Ahmad vs. WAPDA, the Federal Service Tribunal addressed a civil servant's appeal regarding seniority against a respondent. The decision emphasized the importance of presenting a valid challenge to existing orders within the framework of the Service Tribunals Act, 1973. The Tribunal concluded that without a specific order being contested, the appeal was rendered incompetent. The ruling underlined the necessity for civil servants to substantiate their grievances with clear references to relevant orders, thereby reinforcing procedural integrity in administrative justice. This case highlights the critical nature of adhering to established legal protocols when seeking redress in service tribunals, ensuring that appeals are grounded in substantive claims rather than procedural ambiguities. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
WAPDA
|
| Judges |
CH. HASAN NAWAZ,
MUHAMMAD ISMAIL
|
| Lawyers |
Hamid Khan for Appellant,
Ch. Ghulam Hasan Gulshan with Muhammad Ejaz, Legal Assistant for WAPDA
|
| Petitioners |
RIAZ AHMAD
|
| Respondents |
|
| Citations |
1992 SLD 1241,
1992 PLC 1351
|
| Other Citations |
1992 P L C (C.S.) 1351
|
| Laws Involved |
Service Tribunals Act
|
| Sections |
4
|