Kindly also post my this
Lamentation in order to draw the attention of C.J.S.C. of Pakistan for re
dressing my grief through your good self help.
TO,
The Chief Justice,
Supreme Court of Pakistan,
ISLAMABAD
SUB:- PETITION
Respected Sir,
With humble request, I beg for justice from your good self as the competent
Authority of remedial the hypocritical treatment enumerated as under:-
1) That I was poisoned with the impugned Standing Order No: 79 dt: 01-09-2001,
by treating the matter in hand reverse to the distinct instruction & improper
interpreting the principle laid at S.No:2(b):-
The junior most employees in their respective designation wise groups shall then
be retired first, followed by the next senior, till the specified number is
reached
2) That I was appointed as Hydro geologist in BPS-7 on 4-11-1985 and was
upgraded with time to time from B-7 to B-17 in the then Fata Development
Corporation Ministry of SAFRAN Islamabad (now dissolved & merged in to Governor
Secretariat under the administration of Secretary FATA N.W.F.P. Peshawar).
3) That succinctly the facts to retirement vide above cited Standing Order are
that I, was falsely implicated in a criminal case on 26-11-2000 and was sent to
jail for judicial trial while I was in active service.
4) That my salary was withheld without any plausible reason, however in June
2001, L.S.dues of six months were released /delivered through an un-official
person.
5) That pays for the months of July – August were released timely but, without
taking trouble of delivering through proper channel.
6) That oncoming month from September 2001 to December 2002, I received no
official information about the reason of stoppage of salary OR my retirement
from end of the Department.
7) That in January 2003, I approached the Deptt: through Legal Advisor
requesting therein to release my16 month’s liabilities.
8) That in Feb: 2003, I was sentenced for life imprisonment by the learnt
Session Judge.
9) That in response to my legal notice, the Deptt: released a cheque of G.S. in
March 2003 when I was a life prisoner, again adopting the undue method of
deliver, through an un-official person.
10) That this step was taken intentionally for the reason to keep me in dark
from their impugnable order of my illegal retirement especially at a stage when
I had no success to obtain the official papers.
11) That an evil intention and harassment of the Deptt: be evident when a
realist keep in view the period of trial (26-11-2000 to 19-02-2003 i.e. date of
judgment for my life imprisonment by the learnt Session judge D.I.Khan ),date of
my legal notice for the release of my salary(24-01-2003 i.e. the period when I
was under trial ),date of issuing G.S. cheque (19-03-2003 i.e. the period when I
was sentenced for life imprisonment) and perusing Para 2 (a) of the Standing
Order No:79 dated 01-09-2001
They shall be paid their dues/benefits under this scheme, as described in Para-3
below, within one month from the date of their retirement
would be certainly able to realize as, unjustified/unlawful role of the Deptt:
played at every stage.
12) That during my life imprisonment in fact, I came to know about my retirement
through a third person thus, cause of releasing G.S. at belated stage reverse to
the instruction coated above I, submitted a petition in the F.S.T. Islamabad
through Superintendent of Jail vide appeal No: 125(P) CS/2003 dt: 27-07-03
claiming therein the benefits according to revised pay scale, as having no
justification of submitting petition for re-instatement being life prisoner.
13) That on release from jail on 10-10-2003, in virtue of acquittal by Hon: High
Court Peshawar, Circuit Bench, D.I.Khan vide judgment dt: 06-10-2003, I met with
my fellows and came to know about illegality, perverseness and discriminatory
nature of the impugned order of retirement as well as, accepting two number
appeals i.e. my junior/ senior colleague, by the F.S.T. Islamabad I, also
submitted an appeal bearing No:234(P) (CE)2003 in F.S.T. on the same grounds
after rejection of Departmental Representation.
14) That F.S.T. was pleased to dismiss my appeal by setting aside the factual
points of consideration on merit, not only oversighting legal facts but ever
disgraced remarks of self determination:-
The appellant as being very much aware of his retirement and
was paid retirement dues on his request on humanitarian grounds
while he was undergoing imprisonment and that the Fata D.C.
has since been dissolved w.e.f. 30-06-2002 and remaining work-
charged employees had also been retired on 31-12-2002, with
the contrasting conclusion that he could have filed representation and service
appeal from jail in the same manner as he filed
appeal for enhanced payment of retirement dues.
without placing any documentary proof of official information, perusing my legal
notice, belated stage payment of dues instead of very well advised period of one
month, acceptance of appeals No: 2 and 19 (P) CE/2002 , announced on 16-08-2003
pertained to my junior/senior colleagues, about their re-instatement in the same
dissolved organization ,deliberate act of ignorance on account of the payment of
retirement dues made, in case of my senior vide cheque No: 956239 and 956430
dt:13-09-2001,bearing an amount of Rs:42,120 and 90,270 respectively and unique
favor with worth noting payment of Rs:3,53,280 vide cheque No:23069741
dt:28-02-2002 during the prosecution, introduction of a new rule i.e. a life
prisoner can also appeal for his re-instatement, is beyond the scope of
intellect.
15) That against preferential treatment of F.S.T. I, approached august Supreme
Court of Pakistan Islamabad with petition (C.P.S.L.No:1950/04) but always be
unlucky, Hon: Supreme Court of Pakistan also injucted with abating petitions in
thousands including mine, instead of redressing the grievances by hearing
independently, and were threw into the net of an un-specified respective forum
vide his judgment CA.792-816/2005 announced on dt: 27-06-06 pertained to service
act Section 2-A of F.S.T.
16) That considering the High Court Peshawar as being liable forum to redress my
grief I, Suit vide W.P.No:1703/2006 for declaration but, in the meanwhile
accidental judicial crises were raised throughout the country and due to
expected tussling/passions between the Lawyers and P.C.O. judges, the branded
result was, hunting the petitioners in a shape of dismissing their appeals, only
copying the existing discriminative judgment of F.S.T.Example is Judgment
No:1703/2006 announced on Thursday 20-02-08 when the active Lawyers were on
general strike throughout the country.
17) Stamped support by the P.C.O. Judge vide judgment of rev: in W.P.63/2008
announced on 12-02-09.
18) That at present, the appellant is not only in a state what he has to do?
while having no penny in his pockets but is, so very helpless even to employ
Legal Advisor for fresh submission/waiting for further unlimited period with
probable chance of hearing, having an age of 55.
19) That the appellant is extremely discouraged; uneasy like a fish out of
water, helplessness, and misfortunate especially when, the juniors are in their
active service and the senior is facing distressed time since a long, being
jobless and sufferer with repeated reverse judgments from the forums of justice.
Therefore I, passing through un-endurable circumstances, look towards your
goodself with a hope of extending your extra ordinary cooperation by taking
suitable step for remedy the above stated woes as your goodself have already
declared 2009 as the Year of Justice.
The only solution for my re-instatement is, Soave Motive action of your good
self, which will be a salve to disappointed heart as I have no source for
justice except this one OR at least all the judgments by the P.C.O. Judges may
kindly be reviewed.
APPELANT
(MUHAMMAD AKRAM)
H#C/2379-B Rehmania Street
Mohallah Bagai D.I.Khan.
Contact#03449072060