Lahore: Supreme Court (SC) has maintained that if legal heirs are there despite death of the appellant then appeal will not be dismissed merely on this base because the financial or other benefits to be accrued from the pending hearing case can be shifted to legal heirs.

As per media report a two members bench comprising justice Ayesha A Malik and Justice Shahid Wahid in Supreme Court (SC) Lahore registry announced the decision on appeal plea of former employee of FBR Abdul Haq.

Bench while hearing the appeal plea ordered Federal Service Tribunal (FST) to decide the appeal related to departmental promotion within 3 months.

The court maintained if the appellant passes away during case then his legal heirs can move forward his case. Particularly when the legal heirs can get financial benefits to be accrued from disputed matter .

The counsel for the appellant told the court Abdul Haq was appointed as upper division clerk in FBR. In 1995 13 employees of this post were promoted to the post of supervisor. But Abdul Haq was ignored in the list of promotion.

According to counsel Abdul Haq gave application to Chief Commissioner Income Tax. Resultantly he was promoted in 2000. Later he challenged chief commissioner income tax orders in FST.

The counsel told that Abdul Haq passed away on January 13, 2019 while FST filed his application.

Son of Abdul Haq resorted to Supreme Court (SC) against the decision of FST.

The SC while wrapping up the matter ordered FST to take action on the appeal filed by legal heirs as per law and decide it within three months.