2007 S C M R 1400

[Supreme Court of Pakistan]

Present: Sardar Muhammad Raza Khan, Ch. Ijaz Ahmed and Hamid Ali Mirza, JJ

STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Chairman—-Petitioner

Versus

RAZ MUHAMMAD SHANWARI and others—-Respondents

Civil Petition No.224 of 2007, decided on 17th April, 2007.

(On appeal from the judgment, dated 7-2-2007 of the Peshawar High Court, Peshawar passed in Writ Petition No.1541 of 2006).

Constitution of Pakistan (1973)—

—-Art. 185(3)—Petition for leave to appeal—Petitioner had sought leave to appeal from judgment of High Court whereby petitioner Corporation was directed to implement judgment of Service Tribunal, reinstating respondent—Stay granted in case had only suspended implementation of judgment of Service Tribunal and could not, by any stretch of arguments, be considered to be one setting aside judgment in question—High Court had rightly directed implementation of judgment of Service Tribunal.

Muhammad Mubeen-ul-Islam and others v. Federation of Pakistan PLD 2006 SC 602 ref.

Agha Tariq Mehmood Khan, Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner.

Zulfiqar Khalid Maluka, Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for Respondents.

Date of hearing: 17th April, 2007.

JUDGMENT

SARDAR MUHAMMAD RAZA KHAN, J.—State Life Insurance Corporation seek leave to appeal from the judgment, dated 7-2-2007 of Peshawar High Court whereby, the Corporation was directed to implement’ the judgment dated 3-11-2004 of the Federal Service Tribunal, reinstating the respondent.

2. It is alleged that against the judgment of the Federal Service Tribunal, the Corporation had filed Civil Petition No.2948 of 2004 where the order of the Tribunal was suspended and hence at the time of delivering judgment in case of Muhammad Mubeen-ul-Islam and others v. Federation of Pakistan PLD 2006 SC 602, no judgment in favour of respondent held the filed. That in view of paragraph 109(b) of this judgment, the claim of the respondent stood, abated. That he could not claim any right unless he resorted to the proper forum within 90 days and obtained relief therefrom.

3. It is a fact that Civil Petition No.2948 of 2004 was one of the causes heard in Mubeen-ul-Islam’s case. After examining the entire background of the present case, we are of the view that it falls in category (b) of para.109 of the judgment. The matter pending before this Court was the petition of State Life Insurance and hence the cause that abates would be their petition and not the appeal of the respondent, which stood already decided by the Federal Service Tribunal, giving relief to the respondent.

4. So far as the stay granted by this Court on 25-4-2005 is concerned, it only suspended the implementation of the judgment of Federal Service Tribunal and cannot, by any stretch of arguments, be considered to be one setting aside the judgment in question. With the’ final decision rendered in PLD 2006 SC 602, the interim order happened to merge into final order that resulted into the abatement of Corporation’s appeal before the Supreme Court and not the respondent’s appeal before the Service Tribunal.

5. In the circumstances, the learned High Court has rightly directed the implementation of the judgment of Federal Service Tribunal. The petition being meritless is hereby dismissed and leave to appeal refused.

H.B.T./S-28/SC Petition dismissed.

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