Syed ZAWWAR HUSSAIN vs THE SECRETARY, MINISTRY OF PLANNING &
This matter comes before the Supreme Court of Pakistan via a petition for leave to appeal against the dismissal of the petitioner's service appeal by the Service Tribunal. The core legal question is whether a service appeal filed beyond the period of limitation without an accompanying application for condonation of delay is maintainable. The court held that the Tribunal's order dismissing the appeal as time-barred in the absence of any application for condonation of delay was unexceptionable. The key principle laid down is that a time-barred service appeal without a formal request for condonation of delay cannot be entertained and is liable to be dismissed.
- Whether a service appeal filed beyond the period of limitation without an application for condonation of delay is maintainable?
- Is an order of the Service Tribunal dismissing a time-barred appeal unexceptionable when no condonation of delay was sought?
ORDER
S.A.NUSRAT, J.--The Service Appeal of the petitioner was dismissed on the ground that it was filed beyond the period of limitation and was time-barred. The Tribunal also found that no application for request for condonation of delay was made.
2. The petitioner, who appeared in person, admitted that he had not applied for condonation of delay before the Tribunal. The order of the learned Tribunal in the circumstances, is unexceptionable. The petition is accordingly dismissed.