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Petitioner: GULFRAZ RAJA VS Respondent: CHAIRMAN, PAKISTAN TELECOMMUNICATION CORPORATION
1997 P L C (C
1997 P L C (C. S.) 30
[Supreme Court of Pakistan]
Fazal Ilahi, Khan and Raja Afrasiab Khan, JJ
GULFRAZ RAJA
versus
CHAIRMAN, PAKISTAN TELECOMMUNICATION CORPORATION and 3 others
Civil Petition No. 628 of 1995, decided on 29th May, 1996.
(On appeal from the judgment of_ learned Federal Service Tribunal, Islamabad, dated 13‑9‑1995 passed in Service Appeal No. 204‑R of 1995).
Civil Servants Act (LXXI of 1973)‑‑‑
‑‑‑‑S. 9‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Seniority‑‑‑Civil servants representation against the seniority list was still pending when civil servant filed appeal before Service Tribunal before expiry of 90 days‑‑‑Service Tribunal dismissed appeal on ground of same being premature‑‑‑Leave to appeal was granted to consider contention whether disposal of appeal on merits, when cause of action had matured during pendency of appeal, would have shortened litigation and would have met ends of justice.
Mehr Khan Malik, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 29th May, 1996.
ORDER
FAZAL ILAHI KHAN, J.‑‑‑The petitioner's representation against the seniority list remained undecided when he filed an appeal before the Service Tribunal before the expiry of 90 days. The learned Tribunal, therefore, dismissed his appeal on the short ground of it being premature.
2. Leave is granted to consider the contention whether disposal of the appeal on merits, when the cause of action matured during the pendency of the appeal would have shortened the litigation and would have met the ends of A justice. A.A./G‑560/S
A.A./G-560/S Leave granted.