‘Heirs of civil servants can pursue pending cases in FST’
LAHORE: Legal heirs of deceased civil servants can now pursue pending cases in Federal Services Tribunal (FST) after its recent landmark verdict.This was stated by leading lawyer Mian Jaffer Hussain. The FST decision allows the legal heirs to pursue the pending cases of deceased civil servants and avail the benefits
By our correspondents
September 25, 2015
LAHORE: Legal heirs of deceased civil servants can now pursue pending cases in Federal Services Tribunal (FST) after its recent landmark verdict.
This was stated by leading lawyer Mian Jaffer Hussain. The FST decision allows the legal heirs to pursue the pending cases of deceased civil servants and avail the benefits if their appeals are accepted.
However, the judgment also makes it clear that the legal heirs cannot file fresh appeals. Mian Jaffar said the legal heirs were now entitled to be a party to pursue the cases to the logical conclusion.
He said under the Service Tribunal Act 1973 the cases of civil servants upon their death were consigned to record.
Quoting the judgement, he said that such personal grievances of deceased appellants like absorption and repatriation, in such cases, the legal heirs could not become party.
The FST, he said, relied on a Supreme Court decision, wherein it was held that “Any action might abate on the death of a party but cause of action might survive to his death.”
This was stated by leading lawyer Mian Jaffer Hussain. The FST decision allows the legal heirs to pursue the pending cases of deceased civil servants and avail the benefits if their appeals are accepted.
However, the judgment also makes it clear that the legal heirs cannot file fresh appeals. Mian Jaffar said the legal heirs were now entitled to be a party to pursue the cases to the logical conclusion.
He said under the Service Tribunal Act 1973 the cases of civil servants upon their death were consigned to record.
Quoting the judgement, he said that such personal grievances of deceased appellants like absorption and repatriation, in such cases, the legal heirs could not become party.
The FST, he said, relied on a Supreme Court decision, wherein it was held that “Any action might abate on the death of a party but cause of action might survive to his death.”
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