BEFORE THE FEDERAL SERVICE TRIBUNAL ISLAMABD

MP NO.1537/2016

Appeal No.91(R)CS/2011

Mazoor Ahmed Awan

Petitioner
VERSUS

Pakistan Railways etc.

Respondents

Application for Restoration

Respectfully Sheweth.

Preliminary Objections.

1. The Petitioner have withdrawn the MP NO.2080/2015 for Implementation of the

Judgment in above appeal of this honorable Court. The same was dismissed as withdrawn
vide order dated 23.05.2016(Annex Page 5) of Petition. Therefore this Petition is liable to
be dismissed, as there is no provision in the Service Tribunals(procedure) Rules 1974 to
Restore the Appeal /petition dismissed as withdrawn. This Honorable Tribunal can only
Restore Appeal/petition under rule 19(3) Service Tribunal (procedure)Rules, 1974, If it
was dismissed for Non Prosecution. Reference can be made to 1996 PLC(CS) Page 1095.
Even otherwise in such like circumstances, Suit /Appeal /Petition cannot be Restored
Under the Provisions of civil procedure code.
Reply of Facts
1. That Para NO.1 is admitted to the extent of fixation of Petition for Implementation of
Judgment in Appeal NO.91(R)CS/2011 on 23/05/2016 before the Honorable Bench of
this Tribunal. Rest is denied.
2. Legal
3. Not Admitted
4. Not Admitted
5. Not Admitted
6. Not Admitted
7. The petition being not maintainable under Rules & Law, may kindly be dismissed
with Costs.

Submitted By

Pakistan Railways

Respondents

Through .

SHIEKH AJAZ MAHMOOD

ADOVOCATE

550 STREERT NO,9-B

GHORI TOWN PHASE-5

ISLAMABD