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Petitioner: BASHIR AHMAD VS Respondent: GOVERNMENT OF PAKISTAN
1992 P L C (C
1992 P L C (C.S.) 1078
[Supreme Court of Pakistan]
Present: Saad Saood Jan and Muhammad Afzal Lone, JJ
BASHIR AHMAD
versus
GOVERNMENT OF PAKISTAN through Ministry of Defence and another
Civil Appeal No. 1275 of 1990, decided on 27th April, 1992.
(On appeal from the judgment/order of Federal Service Tribunal, Islamabad, dated 3-4-1990 in Appeal No. 225(R)/89)
(a) Constitution of Pakistan (1973)---
----Art. 212(3)---Leave to appeal was granted to examine whether the view taken by Service Tribunal that the Ministry of Finance was a necessary party as to defeat the appeal for not impleading it, was in accordance with law.
(b) Service Tribunals (Procedure) Rules, 1974---
---R. 7---Concerned Ministry in the case of appellant was Ministry of Defence which was to grant disability pension to the appellant after obtaining sanction from the Ministry of Finance yet the operative order in this regard was to be issued by the Ministry of Defence---Ministry of Defence being the competent authority within the meaning of R.7, appeal could not be dismissed on the ground that a necessary party had not been impleaded in violation of Rule 7.
M. Kowkab Iqbal, Advocate Supreme Court for Appellant.
Ch. Ijaz Ahmad, Dy. Attorney-General instructed by Khan Imtiaz M. Khan,
Advocate-on-Record for Respondents.
Date of hearing: 27th April, 1992.