ALI ZAMAN vs GOVERNMENT OF N. W. F. P.
This appeal by leave of the Court is directed against the dismissal of the appellant's service appeal by the N.-W.F.P. Service Tribunal on merits as well as limitation. The appellant challenged his placement on Promotion List 'F' with effect from 20-5-1975 rather than an earlier date, and his subsequent ranking in the seniority list published on 20-10-1977. The core legal question was whether the appellant's appeal before the Service Tribunal was barred by limitation under Section 4 of the N.-W.F.P. Service Tribunals Act, having been filed after the statutory limitation period from the date of the adverse notification. The Supreme Court held that the Tribunal was fully justified in holding the appeal to be barred by limitation, as the appellant was aggrieved by and ought to have timely challenged the notification dated 2-6-1975 which directly affected his seniority. The key principle laid down is that a civil servant must challenge an adverse administrative order or notification affecting seniority within the prescribed limitation period from the date of its communication or knowledge, rather than waiting for subsequent cascading listings.
- Whether an appeal before the Service Tribunal is barred by limitation when the aggrieved civil servant fails to challenge the foundational notification affecting his seniority within time?
- Does the publication of a subsequent seniority list extend the time to challenge an earlier promotion notification that was already known to the civil servant?
- Section 4, N.-W.F.P. Service Tribunals Act
M.S.H.QURAISHI, J.-- This appeal by leave of the Court is directed against the dismissal of the appellant's appeal by the N.-W.F.P. Service Tribunal on merits as well as limitation. The appellant had been promoted as Sub-Inspector of Police in September, 1965 but had been reverted to the post of A.S.I. And also censured in 1969 in the result of departmental action. He challenged the action by a civil suit, in which he succeeded and was re-promoted to the rank of Sub-Inspector retrospectively from 27-3-1969. He was later placed in Promotion List 'F' but with effect from 20-5- 1975 by notification dated 2-6-1975. By this he felt aggrieved because, according to him, he should have been brought on the 'F' List with effect from 12-6-1967 which was the date of his confirmation as Sub-Inspector. His representation was, however, rejected on 7-12-1977. In' the meantime, in the seniority list which had been published on 20-10-1977, he was placed at serial No.88 in the 'F' List whereas according to him he ought to have been placed at No.17. He, thereupon, filed the appeal before the Tribunal on 24-12-1977.
2. The Tribunal was of the view that his appeal which "in fact aims at getting the order dated 2-6- 1975 set aside by this Tribunal" was the-barred as he must have come to know of that order "in a couple of days" and that he had nowhere said that "this order was either not communicated to him or that he came to know of it after considerable delay".
3. At the the of grant of leave, it had been asserted on his behalf that it was not necessary for him to have challenged the notification dated 2-6-1975 and that as he had come to know of the relevant seniority list only on 20-10-1977, his appeal could not have been held to be barred by the.
In the first instance we do not see how he should not have agitated against the order dated 2-6- 1975 whereby he was brought on List 'F' with effect from 20-5-1975 because that was undoubtedly going to affect his seniority. In fact, as appears from copy of his representation-dated 24-9-1977, he had represented against placing him in List 'F' from a date later than 12-6-1967, much earlier and when his request was not acceded to he moved a petition to the Government in 1976. On these facts, the Tribunal was justified in holding that the appeal was, in view of the provision of section 4 of the N.-W.F.P. Service Tribunals Act, barred by limitation. The present appeal is thus liable to dismissal.
4. While therefore dismissing the appeal, we would, however, observe that the decision of the Tribunal on merits shall not operate as a bar to the consideration of the appellant's case for promotion in future... There shall be no order as to costs.