Review Petition before Service Tribunal

BEFORE THE tribunal_designation service_tribunal_name city

REVIEW PETITION UNDER SECTION 12 OF THE SERVICE TRIBUNALS ACT 1973

Review Petition No. petition_number of year Original Judgment No. original_judgment_number dated original_judgment_date

Petitioner: petitioner_name, petitioner_rank Service: petitioner_service Versus Respondent: respondent_department respondent_authority_name

1. The petitioner hereby submits this petition for review of the judgment and order dated original_judgment_date passed by this Tribunal in original_case_type No. original_judgment_number, under Section 12 of the Service Tribunals Act 1973, read with Order XLVII Code of Civil Procedure 1908.

2. The petitioner is aggrieved by the judgment and order dated original_judgment_date whereby this Tribunal disposed of the original case in favour of the respondent. A copy of the impugned judgment is attached hereto as Annexure-A.

3. The petitioner submits that there are sufficient grounds for review of the said judgment as enumerated below, which grounds are analogous to those specified in Order XLVII Code of Civil Procedure 1908.

4. After the judgment was delivered, the petitioner has discovered new evidence which was not available at the time of the original hearing and which could not have been discovered with reasonable diligence. This new evidence is material and of such a nature that it would have altered the course of the decision.

5. (a) Documentary evidence dated new_evidence_date_1 from new_evidence_source_1, which conclusively establishes that new_evidence_fact_1. This document was in the possession of the respondent but was deliberately withheld from the Tribunal.

6. (b) Testimony from witness new_witness_name, who was not available during the original hearing and can testify to new_witness_testimony. The affidavit of this witness is attached as Annexure-B.

7. (c) Official records from new_evidence_source_2 confirming new_evidence_fact_2, which had not been formally placed before the Tribunal during the original proceedings.

8. Had this evidence been available during the original hearing, the Tribunal would have been compelled to reach a different conclusion.

4. GROUND 2 - MANIFEST MISTAKE APPARENT ON THE FACE OF THE RECORD:

10. There is a mistake apparent on the face of the record which has resulted in a miscarriage of justice. Specifically:

11. (a) The Tribunal has misdirected itself on the applicable law by relying on a judgment dated misapplied_judgment_date which has subsequently been overruled by the higher_court_name in the judgment dated overruling_judgment_date. A certified copy of the overruling judgment is attached as Annexure-C.

12. (b) The Tribunal has made an arithmetical error in calculating the retiral benefits, arriving at the figure of PKR incorrect_calculation whereas the correct amount should be PKR correct_calculation, based on the service record and applicable service rules.

13. (c) The Tribunal has misread the statutory provision cited as statute_reference and incorrectly interpreted it to mean incorrect_interpretation, whereas the correct interpretation, as established by settled judicial precedent, is correct_interpretation.

14. (d) The Tribunal has failed to consider the statutory proviso to statute_reference, which is directly applicable to the facts of this case and would have altered the outcome.

15. There exists sufficient reason to review the judgment under the umbrella provision of Order XLVII Code of Civil Procedure 1908. The petitioner submits that:

16. (a) The judgment is based on a misunderstanding of the evidence presented.

17. (b) The Tribunal has not considered relevant precedent of the higher_court_name which is binding on this Tribunal.

18. (c) The interpretation of the applicable rules has resulted in grave injustice to the petitioner.

19. As a result of the impugned judgment, the petitioner has suffered material and irreparable prejudice:

20. (a) Financial Loss: The petitioner was deprived of retiral gratuity amounting to PKR financial_loss, which was due and payable under the applicable rules.

21. (b) Service Status: The petitioner's service record stands tainted with the finding of adverse_finding, which has affected the petitioner's professional standing.

22. (c) Statutory Right: The petitioner was deprived of a statutory right to statutory_right, which right would have accrued had the judgment been favorable.

23. The petitioner submits that this petition is not frivolous or vexatious and has been filed in good faith. The grounds enumerated herein are not mere re-litigation of the original case but are based on newly discovered evidence and manifest mistakes of law and fact.

WHEREFORE, the petitioner respectfully prays that this Hon'ble tribunal_designation may be pleased to: (a) Allow this review petition; (b) Set aside the judgment and order dated original_judgment_date passed in original_case_type No. original_judgment_number; (c) Pass a fresh judgment and order in favour of the petitioner; (d) Direct the respondent to release relief_description due to the petitioner; (e) Award cost of these proceedings to the petitioner; (f) Pass such further orders as this Hon'ble tribunal_designation may deem fit and proper in the circumstances of the case.

I, petitioner_name, do hereby solemnly declare that the contents of the above petition are true and correct to the best of my knowledge, information, and belief. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Ordinance, 1960.

Signed: ___________________ Name: petitioner_name Rank: petitioner_rank Date: filing_date Place: filing_place