GHULAM QADIR BUTT vs FINANCE DIVISION (MILITARY), GOVERNMENT OF PAKISTAN, RAWALPINDI and another
The petitioner filed a petition for leave to appeal against the order of the Federal Service Tribunal, which had dismissed his service appeal. The petitioner, formerly a U.D.C. in the Settlement and Rehabilitation Department, was declared surplus due to retrenchment under an order dated 26-1-1966. The core legal question was whether the Federal Service Tribunal had jurisdiction to entertain an appeal against an order or decision made prior to 1st July, 1969. The Supreme Court held that the appeal was rightly dismissed by the Tribunal as not entertainable. The key principle laid down is that under Section 4(1)(c) of the Service Tribunals Act, 1973, no appeal lies to the Federal Service Tribunal against any order or decision made before 1st July, 1969.
- Does an appeal lie to the Federal Service Tribunal against an order or decision made prior to 1st July, 1969?
- Can a service appeal challenging a pre-1969 retrenchment order be entertained by the Federal Service Tribunal under the Service Tribunals Act, 1973?
- Section 4(1)(c), Service Tribunals Act 1973
ORDER
1. ' S. USMAN ALI SHAH, J.---Ghulam Qadir Butt petitioner filed this petition for leave against the order of the Federal Service Tribunal dated 18-1-1988, whereby his appeal was dismissed.
2. ' The petitioner was holding the post of U.D.C. In the Settlement and Rehabilitation Department. He was declared surplus due to the retrenchment in the said department under the order of Ministry of Agriculture & Works (Rehabilitation and Works Division) dated 26-1-1966. The orders of 1966 were challenged before the Federal Service Tribunal and as provided under section 4 subsection (i) clause (c) of the Service Tribunals Act, 1973, no appeal lies to the Tribunal against an order or decision made prior to 1st July, 1969 and hence the same being hopelessly time-barred was rightly not entertainable. There is no I force in this petition and is hereby dismissed. .