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BEFORE THE FEDERAL SERVICES TRIBUNAL AT KARACHI

Service Misc Application No.3(K)(CC/2012


In Appeal No.491(K)(CS)/2002

Feroz Haider

Applicant
v/s

The Commander Logistics & Others

Respondent.

PARAWISE COMMENTS ON THE SERVICE MISC


APPLICATION ON BEHALF OF RESPONDENTS.
PRELIMNARY LEGAL OBJECTIONS.
a.

That the application has not been filed against any individual

person to determine the criminal liability and adjudicate upon the


same.
b.

That in the whole application, the applicant has not asserted as

to when he has submitted/handed over his joining report and he


intentionally disrespected, humiliated and disobeyed the orders of the
Honble Court.
c.

That the officials, position and departments have been

impleaded in the contempt petition which cannot be awarded any


punishment under the contempt of Court Act.
d.

That the instant application is not maintainable in its present

form.

ON MERITS.
Without prejudice to the above legal objections, the Para Wise
comments are submitted here under:1.

Not agreed, NSD was not in a position to take the applicant on

duty as the court order was not received in NSD, the applicant
admitted this fact in his application which was submitted to DCNS
(T&P) (Exhibit-A). Thereafter, the individual filed an application

before the Honble Supreme Court of Pakistan in May 2008 which


was dismissed on 22-05-2009. Afterwards, the applicant filed a Civil
Review Petition No.27-K of 2009 before the Supreme Court of
Pakistan which was decided on 07 April 2010 by directing the
department to take applicant on duty immediately. In response to the
Orders of Honble Supreme Court of Pakistan dated 07 April 2010,
Mr Feroz Haider was taken on duty but CE list was not issued because
the applicant never reimbursed pensionary benefits received at the
time of compulsory Retirement in contravention to the Orders of
Honble FST.

2.

Not agreed. The applicant did not show his willingness to

comply with the order of FST to make payment of pensionary benefits


which he received at the time of his compulsory retirement. Moreover,
the applicant was required to be reinstated in Service from the date of
his compulsory retirement, but in the instant case he did not report for
duty and went in appeal before Supreme Court of Pakistan. He was
taken on duty as foreman of Stores(FOS) for three years as per
Judgment of FST.
3.

Not agreed. The judgment of Honble FST was partly

implemented by forwarding the joining report of the petitioner. The


department directed the applicant to reimburse the amount of
pensionary benefits which were drawn by him at the time of
compulsory retirement but he failed to comply with directions.
4.

Not agreed. The applicant was informed vide NSD letter

AA/PF-13242/297 dated 14-03-2011(Exhibit-B).


5.

Not agreed. The applicant filed an appeal before the Honble

Supreme Court of Pakistan instead of joining the service. After,


announcement of judgment by the Supreme Court of Pakistan he was

taken on duty immediately from the date of judgment. He absented


himself instead of joining the duty. He was required to report for duty
and complete the period of punishment. Without reporting for duty he
could not claim that period of punishment was completed.
6.

Not agreed. The applicant was taken on duty after the judgment

of Honble Supreme Court of Pakistan as FOS from 07-04-2010 for


three years. The charge sheet for gate pass loss was issued on 1st Feb
2011 when the applicant was working as Foreman of Stores(FOS) in
accordance with the civil servant laws.
7.

Not agreed. As per the order of the Honble FST the joining of

the applicant was conditioned with the reimbursement of pensionary


benefits paid to him at the time of compulsory retirement. The
applicant was directed by the authorities to reimburse the benefits for
release of pay and allowances but the same have not been reimbursed
yet.
GROUNDS :All the grounds taken by the applicant have no substance and
strength. He has made his mind clear in his PRAYER CLAUSE. He
has not prayed for any punishment to be awarded to any person for
any criminal liability of Contempt of Court, hence, no case of
Contempt of Court has been made out.
However, the Respondents are prepared to settle and make
payment of any dues of the applicant in accordance with the Judgment
of this Honble Tribunal and covered under Rules and Regulations
applicable in this case.
AUTHORISED OFFICER
Karachi;
Dated:

ADVOCATE FOR THE RESPONDENT