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1986 SCMR 1009

RASHID UR RAHMAN SHAMI vs ISLAMIC REPUBLIC OF PAKISTAN And Other

Petitioner: RASHID UR RAHMAN SHAMI VS Respondent: ISLAMIC REPUBLIC OF PAKISTAN And Other

Court: Supreme Court of Pakistan Decision Date: 1986-02-24

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s):Nasim Hasan Shah, Muhammad Haleem, Zaffar Hussain Mirza, Shafi-ur-

Rehman Title: RASHID UR RAHMAN SHAMI vs ISLAMIC REPUBLIC OF PAKISTAN And Other Case No.: Civil Petition No. K-168 of 1985 Appeal No. 42(K) of 1982 Date of Judgment:1986-02-24 Reported As: 1986 SCMR 1009 Result: Petition dismissed Judgment ORDER MUHAMMAD HALEEM, C.J.--The Tribunal held the appeal to be barred by time. Besides it also considered the appeal on merits and held that as the petitioner had failed to clear himself from the Federal Public Service Commission, he cannot also claim to have been re-instated in service, and, therefore, his status could not be that of a civil servant so as to make him eligible to file an appeal. As such the appeal was not maintainable although the Tribunal observed that if the Population Division thinks it fit, it can allow the petitioner to appear before the Federal Public Service Commission irrespective of the result of the appeal. The judgment of the Tribunal is, accordingly, unexceptionable in view of the judgment of this Court delivered in 1984 SCM R 759, (Federation of Pakistan and another v. Riaz Ahmad Baig and another), and others. Accordingly, the petition fails and is dismissed.

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