Before The

Mr. Justice (R) Rooh-ul-Amin Khan Chairman, Ch. Muhammad Amin Javed, and Mr. Imtiaz Ahmad Khan, Members.

Present

Mr Allah Nawaz Khosa, Advocate for the petitioners .

Mr Faisal  Abbas Ranjha. AAG for the Respondents along with Mr. Muhammad Arshad, DSR (Legal), Mr Muhammad Altaf, Inspector (Legal) and Mr. Fareed. Inspector (Legal) as D.R

The instant Misc. Petition has filed under the provision of Section 12(2) CPC, on the ground that the main judgement dated 15.01.2024, was rendered in favour of the appellant, wherein Review Petition Nos. 04 to 08 & 29/2024, were filed by the respondent-department, which was dismissed in-limine by one Member of the Bench, whereas accepted by the other. Therefore, in contemplation of Section 3-A(2)(b) of the Service Tribunals Act, 1973, the matter was placed before the Chairman as Referee Judge, who accepted the review petition and set aside the impugned judgement under review by fixing the main appeal for rehearing before the larger Bench comprising of two Members from FST, Camp Office, Lahore and one from the Principal seat FST, Islamabad. Learned counsel for the appellant vividly argued that the judgement under review had created a vested right in favour of appellant, therefore, it was necessary to provide him an opportunity of hearing, most particularly in case of acceptance of review petition.

Record divulges that the review petition was heard in-limine, wherein both the Members of the Bench dissented on points of merits. However, the Referee Judge while concurring with the view of Member-11. accepted the review petition without hearing the appellant/ applicant or his counsel in case of allowing the review, this court should have at least issuenotice to appellant. The Learned A.A.G., present in the court along with the officials of the respondent-department when controverted with the whole situation, they argued that Review Petition has been decided, wherein the judgement passed in the main appeal was set aside, with the direction to the parties to re-argue the case on merits, therefore, any order on the instant M.P. will serve no purpose, rather would be a futile effort to re-hear the review petition.

We have perused the record, wherefrom, it is manifest, that while accepting the Review Petition the notices were not issued to the appellant/ applicant as such they were condemned unheard. The mistake occurred during the proceedings floating on surface of record, which needs rectification and correction, hence this application is allowed. The order dated 26.03.2024, regarding acceptance of review by the worthy Member Mr. Imtiaz Ahmad Khan and order dated 15.07.2024, passed by the Chairman, FST, are recalled. The review shall be deemed pending and shall be refixed before three Members Bench just after summer vacations.