1986 SCMR 1009

RASHID UR RAHMAN SHAMI vs ISLAMIC REPUBLIC OF PAKISTAN And Other

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Citation1986 SCMR 1009

CourtSupreme Court of Pakistan

Case No.Civil Petition No. K-168 of 1985 Appeal No. 42(K) of 1982

Date1986-02-24

Judge(s)Muhammad Haleem, C.J., Nasim Hasan Shah, Shafiur Rahman and Zaffar Hussain Mirza

Authored byMuhammad Haleem

ResultPetition dismissed

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for leave to appeal arises from a decision of a Service Tribunal which dismissed the petitioner's appeal on grounds of limitation and lack of maintainability. The core legal question was whether the petitioner, having failed to clear the Federal Public Service Commission examination, could be considered a civil servant eligible to file an appeal for reinstatement. The Tribunal held that the appeal was barred by time and, on merits, concluded that the petitioner's failure to qualify through the Federal Public Service Commission precluded him from claiming the status of a civil servant. Consequently, the petitioner lacked the standing to maintain an appeal before the Tribunal. The Supreme Court upheld the Tribunal's decision, finding it unexceptionable in light of established precedent, specifically Federation of Pakistan and another v. Riaz Ahmad Baig and another (1984 SCMR 759). The key principle laid down is that an individual who has not successfully cleared the requisite Federal Public Service Commission examination cannot claim the status of a civil servant, thereby rendering them ineligible to maintain an appeal before a Service Tribunal.

Questions settled in this judgment

Does a person who fails to clear the Federal Public Service Commission examination qualify as a civil servant?
Is an appeal maintainable before a Service Tribunal if the appellant has not qualified through the Federal Public Service Commission?
Can a Service Tribunal dismiss an appeal on the grounds of both limitation and merits?

Service TribunalCivil ServantFederal Public Service CommissionMaintainability of AppealLimitationReinstatement

ORDER

1. MUHAMMAD HALEEM, C.J.--The Tribunal held the appeal to be barred by time. Besides it also considered the appeal on merits and held that as the petitioner had failed to clear himself from the Federal Public Service Commission, he cannot also claim to have been re-instated in service, and, therefore, his status could not be that of a civil servant so as to make him eligible to file an appeal.

2. As such the appeal was not maintainable although the Tribunal observed that if the Population Division thinks it fit, it can allow the petitioner to appear before the Federal Public Service Commission irrespective of the result of the appeal. The judgment of the Tribunal is, accordingly, unexceptionable in view of the judgment of this Court delivered in 1984 SCM R 759, (Federation of Pakistan and another v. Riaz Ahmad Baig and another), and others.

3. Accordingly, the petition fails and is dismissed.