| Case ID |
234b2acd-4c50-4375-89ba-417fe6bc6b67 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No. 15(K) and Miscellaneous Petition No. 38 |
| Decision Date |
Jun 18, 1996 |
| Hearing Date |
May 30, 1997 |
| Decision |
The application under section 12(2) of the C.P.C. was deemed not maintainable as it did not fulfill the criteria of misrepresentation or fraud. The Tribunal found that no misinterpretation of facts or law led to the previous judgment. The appellant, Muhkam Din, was recognized as a civil servant entitled to pensionary benefits after having served for over 10 years. The Tribunal reiterated that the appropriate recourse for grievances was an appeal to the Supreme Court, not a review under section 12(2). The petition was ultimately rejected with costs. |
| Summary |
In the case of Appeal No. 15(K) and Miscellaneous Petition No. 38 of 1996, the Federal Service Tribunal addressed the maintainability of an application filed under section 12(2) of the Civil Procedure Code. The petitioner, Muhkam Din, challenged a previous decision regarding his pensionary benefits after his termination from the National Logistic Cell (N.L.C.). The Tribunal concluded that the application was not maintainable as it did not demonstrate any misrepresentation or fraud that would warrant a recall of the decision. The Tribunal emphasized that the appellant had a right to appeal to the Supreme Court if dissatisfied with the outcome. The case highlighted the importance of proper legal recourse and adherence to procedural rules within the context of service tribunals. Keywords: Service Tribunal, civil servant, pension benefits, legal recourse, appeal process. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
NATIONAL LOGISTIC CELL
|
| Judges |
MUHAMMAD RAZA KHAN,
NOOR MUHAMMAD MAGSI
|
| Lawyers |
Abdur Rauf Khan
|
| Petitioners |
MUHKAM DIN
|
| Respondents |
DIRECTOR GENERAL, NATIONAL LOGISTIC CELL, RAWALPINDI
|
| Citations |
1999 SLD 960 = 1999 PLC 519
|
| Other Citations |
Mir Ahmed Khan v. Secretary, Government of Pakistan and others (Civil Appeal No.574 of 1992)
|
| Laws Involved |
Service Tribunals (Procedure) Rules, 1974,
Civil Procedure Code (V of 1908)
|
| Sections |
R. 22,
S. 12(2)
|