PAKISTAN RAILWAYS through Chairman Pakistan Railways, Islamabad vs MUHAMMAD AMIN S

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PAKISTAN RAILWAYS through Chairman Pakistan Railways, Islamabad VS MUHAMMAD AMIN S. 4---Civil Procedure Code (V of 1908), S. 12 (2)---Constitution of Pakistan, Art. 212 (3)---Order of Service Tribunal---Plea of fraud, misrepresentation or lack of jurisdiction---Petitioner/Pakistan Railways was aggrieved of dismissal of its application to set aside order passed by Service Tribunal directing the petitioner/Pakistan Railways to upgrade post of respondent/employee---Validity---All sweeping grounds were alien to the provision of Section 12(2), C.P.C. for setting aside any judgment and decree, wherein applicant/person is obligated to characteristically and judiciously point out act of fraud, misrepresentation or want of jurisdiction, if any---Elementary constituents were missing from the application filed by petitioner/Pakistan Railways before Federal Service Tribunal, which was rightly dismissed---Service Tribunal exercises exclusive jurisdiction as a fact finding forum in respect of matters relating to terms and conditions of service of civil servants and for the matters connected there with or ancillary thereto---Exclusive appellate jurisdiction is exercised by Service Tribunal in the cases of civil servants to vet and examine departmental orders passed against civil servants---Civil servants may approach Tribunal against an adverse order within the specified limitation period for filing an appeal, where either an order is passed on his departmental appeal, or if departmental appeal is not decided within the prescribed period of time, the aggrieved civil servant may approach and file appeal before Service Tribunal within the statutory period---Matter reaches Service Tribunal against adverse orders but after it has been filtered through departmental hierarchy or chain of command---Onerous duty of service Tribunal, as an appellate forum, is to determine whether departmental action taken against civil servant, complies with the law or not---Filing application under section 12(2), C.P.C. with the prayer to dismiss an application moved for implementation of a judgment of Federal Service Tribunal was no solution after the judgment had attained finality up to Supreme Court---Supreme Court declined to interfere in the order passed by Federal Service Tribunal as the same was based on correct exposition of law---Petition for leave to appeal was dismissed and leave to appeal was refused.

PAKISTAN RAILWAYS through Chairman Pakistan Railways, Islamabad vs MUHAMMAD AMIN S — 2025 PLC(CS) 699 SUPREME-COURT

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