Order/Judgment cannot be Implemented while Stay is in Effect

Shehreyar Khan,
Jul 19, 2021 at 5:51 AM
Dear Respected Members,

I am looking for judgments on the point that a decision/judgment/order cannot be implemented when its operation has been suspended by a court of competent jurisdiction. This is a settled principle of law; however, once I have laid down the facts of my case, it will make sense.

A judgment was rendered by the Federal Service Tribunal in favour of Party A. Party B, the Government of Pakistan, appealed the decision to the Supreme Court and obtained a stay order. However, while the stay order was in effect, Party B reconsidered Party A for promotion and denied him a second time. Then Party B appeared before the Supreme Court and stated that their appeal was infructuous because the judgment of the FST had already been complied with. Therefore, the Supreme Court dismissed the appeal an infructuous.

My contention is that since the appeal was dimissed, the original decision in favour of Party A has been restored. Furthermore, since Party A was 'reconsidered' by Party B during the operation of the stay order, it cannot be said that judgment of the FST was actually complied with. After all, you cannot implement/execute a judgment which has been suspended by the Supreme Court.

Therefore, the judgment in favour of Party A is still in field and has yet to be implemented by Party B.

I ask your kind assistance for judgments on this matter, which reflect that a judgment which has been suspended cannot be acted upon and any such action is incurably void.

Thank you and regards.


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