The Federal Service Tribunal (FST) has Exclusive Authority to execute its own decisions rather petitions filed before High Court u/A 187(2) of the Constitution --- Islamabad High Court, Islamabad
Islamabad 18-02-2025: The Islamabad High Court (IHC), in a landmark judgment, has reaffirmed the Federal Service Tribunal’s (FST) authority to execute its own decisions, rejecting petitions that sought implementation of Supreme Court orders through the Islamabad High Court (IHC). The ruling, delivered by Ms. Justice Saman Rafat Imtiaz, settles long-standing disputes concerning antedated promotions and seniority revisions in federal service cases.
The Court was hearing two interrelated cases:
- (I.C.A. No. 978 of 2024) Mrs. Naina Syed Vs. Ministry of Federal Education & Others.
- (W.P. No. 2695 of 2023) Mst. Naureen Ahmad Tarar Vs. Federal Board of Revenue & Others.
The Court clarified that the doctrine of merger applies only when the Supreme Court adjudicates on the merits of an appeal after granting leave. In cases where leave to appeal is refused, the lower Court’s decision remains enforceable, and the Supreme Court’s refusal does not create an enforceable decree under Article 187(2) of the Constitution.
The Court held that the Federal Service Tribunal is the proper forum to execute its judgments under Section 5(3) of the Service Tribunals Act, 1973, and not the Islamabad High Court (IHC).
In [W.P. No. 2695 of 2023], the Court ruled in favor of petitioner, directing the Federal Board of Revenue (FBR) to reinstate her seniority as per the Supreme Court’s order dated 11-12-2019. The Court emphasized that government agencies must implement Supreme Court directives without delay.
The Court declared that finalized seniority lists cannot be arbitrarily revised, holding that the 2022 seniority list that relegated petitioner’s position was illegal.
Court’s Verdict:
- [I.C.A. No. 978 of 2024] Appeal dismissed. The FST must execute its decision on her promotion dispute.
[W.P. No. 2695 of 2023] Petition Allowed. The FBR must implement the Supreme Court’s decision and restore her seniority.
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