GHULAM SHABBIR vs DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAYS and others

This petition challenges a judgment of the Federal Service Tribunal which dismissed the petitioner's service appeal as time-barred. The petitioner, who had been compulsorily retired under the Removal from Service (Special Powers) Ordinance, 2000, filed a departmental appeal followed by a service appeal before the Tribunal. The core legal question was whether the petitioner's service appeal was maintainable despite the delay, specifically regarding the calculation of the limitation period when a departmental appeal remains pending or uncommunicated. The Supreme Court held that the appeal was clearly barred by time. The Court laid down the principle that under the relevant service laws, a civil servant is required to file a service appeal before the Service Tribunal within thirty days after the lapse of ninety days from the filing of a departmental appeal, regardless of whether the departmental appeal has been formally rejected or communicated to the petitioner. Consequently, the Court found no grounds to interfere with the Tribunal's decision and declined to grant leave to appeal.