| Case ID |
2b181fd5-4cfe-41fe-b7b7-148ea90968a8 |
| Body |
View case body. Login to View |
| Case Number |
Miscellaneous Petition No. 21 of 1994 in Appeal No |
| Decision Date |
Aug 30, 1994 |
| Hearing Date |
Aug 17, 1994 |
| Decision |
The Miscellaneous Petition No. 21/94 in Appeal No. 342(R)/92 was dismissed on the grounds that the petitioner, Khalid Amin, failed to file a proper appeal as required by law and sought to implement a judgment in favor of another party, Roshan Ali Mangi, without being an aggrieved party himself. The tribunal held that only an aggrieved person could seek relief and that the decision in Mangi's case did not automatically benefit other parties. The application was deemed misconceived and incompetent as there was no specific impugned order affecting the petitioner's terms and conditions. Therefore, the tribunal concluded that the petitioner could not claim the benefits of the judgment rendered for another individual. |
| Summary |
In the case of Khalid Amin vs. Secretary, Establishment Division, the Federal Service Tribunal addressed a miscellaneous petition filed by Khalid Amin, who sought the implementation of a judgment that favored another individual, Roshan Ali Mangi. The tribunal clarified that only an aggrieved person could file an appeal affecting their terms of service, and as Khalid Amin was a respondent in Mangi's case, he could not benefit from that decision without filing a proper appeal. The tribunal emphasized that the law requires individual aggrieved parties to seek relief and that judgments do not automatically extend benefits to non-appealing parties. The decision highlighted the importance of following procedural requirements in legal appeals and the need for individuals to pursue their grievances through the appropriate legal channels. This case serves as a critical reminder of the principles governing appeals in civil service matters, reinforcing the necessity for petitioners to be directly affected by decisions before seeking judicial relief. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RAZZAQ A. THAHIM,
NOOR MUHAMMAD MAGSI
|
| Lawyers |
SA.M. Wahidi
|
| Petitioners |
Khalid Amin
|
| Respondents |
10 others,
Secretary, Establishment Division, Islamabad
|
| Citations |
1995 SLD 1180,
1995 PLC 40
|
| Other Citations |
1993 SCMR 1869,
1984 SCMR 286,
1987 SCMR 1694,
PLD 1990 SC 951,
1987 SCMR 1698,
PLD 1987 SC 145,
1987 SCMR 899,
1988 SCMR 620,
1990 SCMR 1216,
1990 SCMR 1620
|
| Laws Involved |
Not available
|
| Sections |
Not available
|