AZRA BIBI vs GENERAL MANAGER, PERSONNEL (CPO), PAKISTAN RAILWAYS HQ, LAHORE S — 2023 SCMR 46 SUPREME-COURT

Case information

Citation: 2023 SCMR 46 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: AZRA BIBI vs GENERAL MANAGER, PERSONNEL (CPO), PAKISTAN RAILWAYS HQ, LAHORE S
Subject matter: Service
Provisions referred to: S. 2; Service Tribunals Act (LXX of 1973); Civil Servants Act; Service Tribunals Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AZRA BIBI VS GENERAL MANAGER, PERSONNEL (CPO), PAKISTAN RAILWAYS HQ, LAHORE S. 2(b)---Service Tribunals Act (LXX of 1973), Ss. 2(a) & 4---Appeal filed by legal heirs of deceased civil servant---Maintainability---Perusal of Civil Servants Act, 1973 and Service Tribunals Act, 1973 showed that there is no scope or prospect for filing any appeal before the Service Tribunal other than by the civil servant himself, and the law does not permit the legal heirs to knock on the doors of the Service Tribunal after the death of the said civil servant---Any relief which is personal to the deceased civil servant cannot be granted after his death but the Service Tribunal after taking into consideration the facts and circumstances of each case separately and to alleviate the miseries of the bereaved family, may continue the pending appeal only to examine and decide whether any monetary relief such as lawful pending dues are payable or if any lawful claim lodged by the civil servant in his life time which is subject matter of appeal in which cause of action survives despite his death including pensionary benefits, gratuity or provident fund etc., if permissible and applicable under the law and rules to the deceased.

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