Mian SHAFIUDDIN, DEPUTY DIRECTOR and 4 others vs SURAT KHAN MARRI, DIRECTOR and 41 others
This matter arose from a petition seeking leave to appeal before the Supreme Court of Pakistan against an order of the Central Service Tribunal, which had accepted a service appeal filed by the respondent. The primary legal questions raised concerned whether the appeal before the Service Tribunal was severely barred by limitation such that relief ought to have been denied; whether the Government possesses the legal authority to regularise an ad hoc appointment with retrospective effect from the date of initial induction; and whether, in the absence of such power residing in the Government, the Service Tribunal itself can exercise jurisdiction to grant retrospective regularisation. The Supreme Court observed that these issues constituted substantial questions of law of public importance requiring detailed examination. Consequently, the Supreme Court granted leave to appeal, ordered the continuation of the interim stay, directed the completion of the record, and ordered the matter to be heard alongside similar cases involving retrospective regularisation of ad hoc appointments.
- Whether an appeal before the Service Tribunal that is badly time-barred can be entertained to grant relief?
- Whether the Government has the power to regularise an ad hoc appointment with retrospective effect from the date of the civil servant's original ad hoc induction?
- Whether the Service Tribunal has the jurisdiction or power to order retrospective regularisation of an ad hoc appointment if such power is not available to the Government?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the petitioners, against the acceptance by the Central Service Tribunal, of the service appeal filed by Surat Khan Marri, respondent.
2. After hearing both the learned counsel we consider it a fit case to examine; whether, the appeal before the Service Tribunal, in the circumstances of this case, was badly time-barred and on that account no relief should have been allowed. Apart from the question of limitation in this case, two other general questions of law of public importance have been raised; whether, the Government has the power to regularise an ad hoc appointment with retrospective effect from the date of original induction of the civil servant as ad hoc appointee, and if not; whether, without this power being available to the Government, the Service Tribunal can exercise such power or jurisdiction.
3. ' These and other questions would need consideration. We accordingly grant leave to appeal. Stay to continue. The appeal shall be prepared on the present record with direction for filing of all additional necessary documents. It shall be heard together with all similar other matters involving the question of regularisation of ad hoc appointments with retrospective effect, at an early date. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.