MUHAMMAD RAFIQUE and others vs PAKISTAN TELECOMMUNICATION
This matter concerns an appeal against an order of the Federal Service Tribunal, which had dismissed the petitioners' service appeals on the grounds of being time-barred. The core legal question was whether the limitation period for filing an appeal before the Service Tribunal begins from the date of the original termination order or from the date of communication of the decision on the departmental appeal. The Supreme Court held that the Tribunal erred in its finding. The Court observed that the petitioners had filed departmental appeals which remained unaddressed until the respondents communicated the rejection of those appeals on June 25, 2002. Under Section 4 of the Service Tribunals Act, 1973, the limitation period of thirty days commences from the date of communication of the order on the departmental appeal. Since the petitioners filed their appeals within thirty days of receiving the rejection notice, the appeals were within time. Consequently, the Supreme Court set aside the Tribunal's order and remanded the case for a decision on the merits.
- Does the limitation period for filing an appeal before the Service Tribunal commence from the date of the original termination order or the communication of the decision on the departmental appeal?
- Is an appeal before the Service Tribunal time-barred if filed within thirty days of the communication of the rejection of a departmental appeal?
- Section 4, Service Tribunals Act 1973
ORDER
' HAMID ALI MIRZA, J.--- Heard learned counsel for the parties at length 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 to 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 from 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 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 2 cases
- Saif-Ur-Rehman vs Secretary and another 2023 PLJ Tr.C. (Services) 5
- Province of Punjab & another vs Sajida Zaheer & others 2021 LHC 5050, 2022 PLC 206