ABDUL QAYYUM, EXTELEPHONE OPERATOR vs THE DIVISIONAL ENGINEER, TELEGRAPHS, SARGODHA DIVISION, SARGODHA and another

This petition for leave to appeal was filed by an ex-telephone operator challenging the dismissal of his service appeal by the Federal Service Tribunal. The primary legal issue before the Supreme Court was whether the petitioner could overcome the threshold bar of limitation, as the Tribunal had dismissed his appeal on the ground of being time-barred. During the proceedings, the Court directed the petitioner to address the issue of limitation first, emphasizing that the merits of the case could not be examined unless the procedural obstacle of limitation was successfully crossed. The petitioner appeared in person and failed to provide any satisfactory explanation or justification for the delay in filing his appeal. Consequently, the Court held that in the absence of a valid explanation for the delay, the petition could not be entertained. The Court affirmed that procedural requirements, specifically those regarding limitation, must be satisfied before a court can adjudicate upon the merits of a service-related grievance. Finding no grounds to condone the delay, the Supreme Court dismissed the petition.