SIRAJUDDIN KHAN vs CHIEF ENGINEER (IRRIGATION), SUKKUR AND OTHERS
This petition for leave to appeal challenges the dismissal of the petitioner's appeal and subsequent review petition by the Sind Service Tribunal regarding a claim for salary arrears. The petitioner, a former Store-keeper, sought payment for two periods during which his services were terminated. Following the abatement of his civil suit under Article 212(2) of the Constitution of Pakistan 1973, the petitioner appealed to the Sind Service Tribunal, which dismissed his claim. Instead of filing a timely appeal before the Supreme Court as mandated by Article 212(3) of the Constitution of Pakistan 1973, the petitioner filed a review petition before the Tribunal, which was rejected for lack of jurisdiction. The petitioner subsequently filed the present petition before the Supreme Court, seeking condonation of delay on the grounds of a mistaken belief regarding the availability of a review remedy. The Supreme Court held that ignorance of the law does not justify delay and that the petition was time-barred, as it was not filed within the prescribed 60-day limitation period following the Tribunal's initial order.
- Does a Service Tribunal possess the inherent power to review its own orders under the Sind Service Tribunal Act 1973?
- Can ignorance of the law be accepted as a valid ground for condonation of delay in filing a petition before the Supreme Court?
- What is the appropriate remedy for an aggrieved party after a Service Tribunal dismisses an appeal under the Sind Service Tribunal Act 1973?
- Article 212(2), Constitution of Pakistan 1973
- Article 212(3), Constitution of Pakistan 1973
- Section 4, Sind Service Tribunal Act 1973
ORDER
1. ' ASLAM RIAZ HUSAIN, 3.-This petition by Sirajuddin Khan is directed against the Order dated 1 lth March, 1976 of the Sind Service Tribunal dismissing his appeal and another Order dated 12th November, 1977 dismissing his Review. The facts giving rise to the present petition are briefly as follows : The petitioner was employed as a Store-keeper in the Mechanical Division (Guddu Barrage Project for running Pumping Machine at SAMM). He was involved in a corruption case, and his services were terminated on 1st January, 1959 but he was re-instated w. e. f. 23rd December, 1960.
2. Subsequently his services were again terminated on 23rd July, 1971 without any show-cause notice but he was again re-instated on 10th December, 1972. He felt that he was entitled to the payment of arrears of pay from 1st January, 1959 to 22nd December, 1960 and also from 23rd July, 1971 to 9th December, 1972. Since he did not get any relief from his Department, he filed a civil suit at Sukkur.
3. The suit, however, abated on the constitution of the Sind Service Tribunal under.Article 212 (2) of the Constitution. He then filed an appeal under section 4 of the Sind Service Tribunal Act, 1973. The same was, however, dismissed by the Sind Service Tribunal on 11th March, 1976. Instead of filing an appeal before the Supreme Court as provided by sub-article (3) of article 212 of the Constitution the petitioner filed a Review petition before the Service Tribunal which was dismissed by the Tribunal on 12th November, 1977 on the ground that it had no power of Review. Hence the present petition. The petitioner has also filed an application for condonation of delay alongwith the present petition on the ground that he had filed the application for Review before the Tribunal due to a mistaken impression that a Review lay before it.
4. The petition is time barred in as much as he should have filed the same within 60 days of the dismissal of his appeal by the Service Tribunal. It has, however, been pleaded on his behalf that the delay had not been caused due to any negligence on his part but was due to a mistaken A impression that the Tribunal had the power to review its own orders. We are, however, not impressed by this explanation. Ignorance of law is no justification for delay in filing a petition before this Court. The petition is, therefore, dismissed as barred by time.