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Petitioner: ABU HURAYRAH SABIR VS Respondent: ZARAI TARAQIATI BANK LIMITED and others
Court Name: Supreme Court of Pakistan Judge(s): Anwar Zaheer Jamali, Asif Saeed Khan Khosa, Raja Fayyaz Ahmad Title: ABU HURAYRAH SABIR vs ZARAI TARAQIATI BANK LIMITED and others Case No.: Civil Petition No,1122 of 2010 Date of Judgment:2010-10-06 Reported As: 2011 PLC (C.S.) 762 Result: Appeal accepted
Judgment ORDER ' RAJA FAYYAZ AHMED, J.--- In compliance with the order of this court dated 3-9-2010 passed in the light of the impugned judgment, the learned Advocate Supreme Court for the respondent-Bank states that the issue was reconsidered and .The claim of the petitioner has been rejected. Photostat copy of the same has been placed on record. Copy of resolution of the issue as decided by the Bank be supplied to the petitioner. The petitioner undisputedly is not a civil servant and in the Service of Pakistan, therefore, in view of the law laid down by this court in the cases of Pakistan Telecommunication Company Limited through General Manager and another v. Muhammad Zahid and 29 others 2010 SCM R 253, Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi 2010 SCM R 1484 and Pakistan International Airline Corporation and others v.. Tanweer-ur-Rehman and, others PLD 2010 SC 676, the impugned judgment passed by the Federal Service Tribunal being coram non judice and without jurisdiction deserves to be set aside, hence, this civil petition is converted into appeal and is allowed. The impugned judgment is set aside. The appellant may seek his remedy as may be admissible to him under the law for the redressal of his grievance. There shall be no order as to costs.