Kanwar SARFARAZ UMAR KHAN vs FEDERAL SERVICE TRIBUNAL And Other
This petition for leave to appeal challenges a judgment of the Federal Service Tribunal, which dismissed the petitioner's appeal against his removal from the position of Assistant Manager, Waqf Properties. The petitioner was removed from service under the Corporation Employees (Special Powers) Ordinance, 1978. Following the rejection of his departmental representation, the petitioner erroneously filed a writ petition before the Lahore High Court instead of appealing to the Service Tribunal within the statutory limitation period. The Tribunal dismissed the appeal both as time-barred and on merits, citing lack of educational qualifications, over-age status, and political considerations in his appointment. The Supreme Court declined to interfere with the Tribunal's decision. While the Court did not address the limitation issue, it found no merit in the petition. Crucially, the petitioner's counsel conceded that the petitioner was over-age at the time of appointment and that no order relaxing the age limit had ever been passed. Consequently, the Supreme Court dismissed the petition, affirming that an appointment made without requisite qualifications or age relaxation is unsustainable.
- Does the filing of a writ petition in a High Court instead of an appeal before the Service Tribunal toll the limitation period for the service appeal?
- Can an appointment be sustained if the appointee was over-age at the time of appointment and no relaxation order was issued?
- Is a service appeal maintainable where the petitioner fails to meet the educational and age requirements for the post?
- Section 3, Corporation Employees (Special Powers) Ordinance 1978
ORDER
S.A. NUSRAT, J.--This petition seeks to challenge the judgment of the Federal Service Tribunal, Islamabad, dated 29-5-1984.
2. The petitioner who was an Assistant Manager Waqf Properties, Rawalpindi was removed from service by the Government of Pakistan, Ministry of Religious Affairs and Minority Affairs by order, dated 15-4-1979 under the provisions of section 3 of the Corporation Employees (Special Powers)
Ordinance (XIII of 1978). The petitioner made a representation, dated 30-4-1979 against the said order to the President of Pakistan which was rejected on 6-12-1979 and information to this effect was duly conveyed to him. The petitioner who should have legally filed an appeal before the Service Tribunal within 30 days of the receipt of rejection letter, instead filed a Writ Petition before the Lahore High Court which was withdrawn after long pendency on 20-9-1981. The petitioner thereafter preferred an appeal to the Service Tribunal on 8-10-1981.
3. The learned Tribunal dismissed the appeal as barred by limitation as well as on merits. On the first ground it was held that the petitioner had failed to show any sufficient ground for the condonation of delay. As respects merits it was found that there existed sufficient evidence on the record to show that the petitioner was appointed on political consideration, he was not educationally qualified for the job and was also over age.
4. Without going into the question of condonation of delay, we find no case for admission of the petition even on merits. The learned counsel for the petitioner frankly conceded before us that his client was over age at the time of his appointment and no order with regard to relaxation of age limit was passed either at the time of appointment or for that matter at any stage.
5. This petition, in the circumstances, fails and is dismissed accordingly.