Supreme Court rules a pending appeal cannot be dismissed

Supreme Court, legal heirs, appeal, Abdul Haq, LAHORE (Muhammad Ashfaq) –The Supreme Court has ruled that an appeal cannot be dismissed solely because the appellant has died if legal heirs are available, as financial or other benefits arising from the pending case may pass on to them. A two-member bench comprising Justice Ayesha A.

Malik and Justice Shahid Waheed announced the ruling at the Supreme Court Lahore Registry while hearing an appeal filed by former Federal Board of Revenue (FBR) employee Abdul Haq.

The bench directed the Federal Service Tribunal to decide the appeal concerning his departmental promotion within three months. The court observed that if an appellant dies during the proceedings, his legal heirs can continue pursuing the case, particularly when the benefits arising from the disputed matter can be transferred to the legal heirs. Counsel for the appellant Haq was serving as an Upper Division Clerk at the FBR.

In 1995, 15 employees holding the same post were promoted to supervisors, but Abdul Haq was left out of the promotion list., Abdul Haq submitted an application to the Chief Commissioner Income Tax, following which he was promoted in 2000.

He later challenged the orders of the Chief Commissioner Income Tax before the Federal Service Tribunal. The counsel said Abdul Haq died on January 13, 2019, while the Federal Service Tribunal filed his application on January 16, 2019.

His son subsequently approached the Supreme Court against the Federal Service Tribunal’s decision. While disposing of the matter, the Supreme Court directed the Federal Service Tribunal to proceed with the appeal filed by the legal heirs in accordance with the law and decide it within three months.