Pakistan Case Law
1994 SCMR 511

MAQBOOL AHMED KHAKWANI vs SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 7 others

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Citation1994 SCMR 511
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 454 of 1993 Appeal No, 77-R/92
Date1993-11-30
Judge(s)Muhammad Rafiq Tarar and Saeeduzzaman Siddiqui
Authored bySaeeduzzaman Siddiqui
ResultLeave granted
Summary

This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan, challenging an order regarding the limitation period for an appeal filed before the Federal Service Tribunal, Islamabad. The core legal question presented for consideration is whether the petitioner's appeal before the Federal Service Tribunal could be legally treated as time-barred, specifically in light of the precedent established by the Supreme Court in the case of Gulbat Khan v. Water and Power Development Authority (1992 SCMR 1789). The Court granted leave to appeal to examine this issue, thereby setting the stage for a determination on whether the principles of limitation applied by the Tribunal align with the authoritative interpretation of the law as laid down in the cited precedent. The judgment serves as an interlocutory order initiating the appellate process to resolve the conflict between the Tribunal's finding of time-bar and the relevant Supreme Court jurisprudence regarding the computation of limitation periods in service matters.

Questions settled in this judgment
  • Can an appeal filed before the Federal Service Tribunal be dismissed as time-barred in light of the principles established in Gulbat Khan v. Water and Power Development Authority?
leave to appeallimitation periodservice tribunaltime-barred appealservice law

ORDER

1. ' SAEEDUZZAMAN SIDDIQUI, J.---Leave is granted in the above case to consider whether the appeal filed by the petitioner before the Federal Service Tribunal, Islamabad, could be treated as time- barred in view of the law laid down by this Court in the case of Gulbat Khan v. Water and Power Development Authority (1992 SCM R 1789).

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