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Petitioner: ABDUL HAQ VS Respondent: GOVERNMENT OF BALUCHISTAN
1988 S C M R 1870
1988 S C M R 1870
Present: Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ
ABDUL HAQ‑‑Petitioner versus GOVERNMENT OF BALUCHISTAN and others‑‑Respondents
Civil Petition for Leave to Appeal No.13‑Q of 1988, decided on 9th June, 1988.
(From the judgment/order of Baluchistan Service Tribunal, Quetta dated 18‑4‑1988 and 25‑4‑1988 in Service Appeal No.7 of 1987).
Constitution of Pakistan (1973)‑‑
‑‑Art.212(3)‑‑Baluchistan Service Tribunals Act (V of 1974), S.4‑ Leave to appeal, grant of‑‑Consent order.‑‑Service matter‑‑Advocate General for respondent‑Government conceding that on facts and circumstances of case, petitioner's application for re‑admission of appeal should have been granted and order passed by Service Tribunal set aside‑‑Other respondents also having no objection if impugned orders of Service Tribunal were set aside and case remanded for decision of petitioner's appeal on merits in accordance with law Petition converted into appeal and accepted‑‑Case remanded to Tribunal for decision in accordance with law.
Muhammad Aslam Chishti, Advocate Supreme Court and Iftikhar Muhammad, Advocate‑on‑Record for Petitioner.
Yakub K.Eusufzai, Advocate‑General, Baluchistan for Respondent No.1. Respondents Nos. 2 to 7 in person.
Date of hearing: 8th June, 1988.
ORDER
ABDUL KADIR SHAIKH, J.‑‑Learned Advocate‑General appearing for the respondent‑Government frankly states that on the facts and circumstances of the case petitioner's application for re‑admission of the appeal should have been granted and the order passed, by. the Service Tribunal dated 18‑4‑1988 should have been set aside.
The other respondents who are present on Court notice have also no objection if the impugned orders of the Service Tribunal dated 25‑4‑1988 and 18‑4‑1988 are set aside, and the case is remanded to the Baluchistan Service Tribunal for decision of petitioner's appeal on merits in accordance with the law.
In the circumstances, this petition is converted into an appeal and appeal is allowed with the result that the impugned orders of the Service Tribunal dated 25‑4‑1988 and 18‑4‑1988 are set aside and the case is remanded to the Service Tribunal for decision of appellant's appeal on merits in accordance with law. Parties are left to bear their own costs.
M.I./A‑289/S Order accordingly.