MUHAMMAD RAFIQUE and others vs PAKISTAN TELECOMMUNICATION
This matter comes before the Supreme Court of Pakistan through petitions converted into appeals, challenging the dismissal of the petitioners' service appeals by the Federal Service Tribunal on the ground of limitation. The core legal question concerns the computation of the limitation period for filing an appeal before the Service Tribunal when departmental appeals remain unresponded until a formal rejection letter is communicated. The Supreme Court held that since Section 4 of the Service Tribunals Act, 1973 prescribes a period of thirty days from the date of communication of the order on departmental appeals, and the rejection was first communicated to the petitioners on 25-6-2002, the appeals filed on 25-7-2002 were within time. The key principle laid down is that the limitation period for filing an appeal before the Service Tribunal commences from the actual date of communication of the departmental appellate decision to the aggrieved civil servant, rather than from the expiry of the waiting period for departmental representation.
- From which date does the limitation period begin under Section 4 of the Service Tribunals Act, 1973 when a departmental appeal is decided?
- Whether an appeal before the Federal Service Tribunal is time-barred if filed within thirty days of the communication of the departmental appeal rejection?
- Can the Federal Service Tribunal dismiss an appeal as time-barred without correctly computing the date of communication of the departmental decision?
- Section 4, Service Tribunals Act 1973
ORDER
' HAMID ALI MIRZA, J.--- Heard learned counsel for the parties at lengthy and perused the record.
2. The appeals of the petitioners were dismissed by learned Federal Service Tribunal on the ground that the appeals before the Tribunal were time-barred as the same were not filed within 120 days from the date of termination orders, However, in the instant cases the petitioners filed departmental appeals before the competent authority which were not responded and no decisions were communicated to them and for the first time on their reminder, dated 4-6-2002, the respondents vide letter No,RRR-27-98 of 2002, dated 25-6-2002 communicated the petitioners that their appeals were rejected, therefore, the appeals having been preferred on 25-7-2002 cannot be said to be time-barred. Section 4 of the Service Tribunals Act, 1973 has prescribed period of thirty days form the date of communication of order on departmental appeals and in the instant cases communication for the first time about the decision of their appeals was conveyed to the petitioners on 25-6-2002, therefore, the appeals before the Service Tribunal cannot be said to be A time-barred.
3. In the circumstances, the finding of the Tribunal that appeals filed by the petitioners were time- barred cannot be sustained. Accordingly the petitions are converted into appeals and allowed, consequently the impugned orders passed by the Tribunal are set aside and the appeals are remanded to the Tribunal for decision of the same on merits after hearing the parties.
Cited by 3 cases
- TAJ MUHAMMAD AFRIDI vs PRINCIPAL SECRETARY TO THE PRESIDENT 2012 PLC (C.S.) 507
- TAJ MUHAMMAD AFRIDI Versus PRINCIPAL SECRETARY TO THE PRESIDENT SECRETARIAT 2011 SCMR 1111
- TAJ MUHAMMAD AFRIDI vs PRINCIPAL SECRETARY TO THE PRESIDENT 2011 PLJ SC 654