Pakistan Case LawMUHAMMAD YOUNIS KHAN Versus SECRETARY, HEALTH DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others
This petition arises from an order of the Service Tribunal dismissing the petitioner's service appeal against a revised seniority list as barred by limitation. The core legal question is whether an aggrieved civil servant, upon receiving no response to a departmental representation within 120 days, is strictly bound to file an appeal before the Service Tribunal within the statutory timeframe from the expiry of those 120 days, or whether he may await the actual departmental decision and file an appeal within thirty days thereof. The Supreme Court granted leave to appeal to examine the correctness of the Service Tribunal's finding on limitation, relying on precedent. The Court held that leave to appeal should be granted to consider whether the appeal before the Service Tribunal was rightly dismissed as time-barred, laying down that the limitation computation rules regarding pending departmental representations require authoritative examination by the Court.
- Whether an appeal before the Service Tribunal is barred by limitation if filed within thirty days of the rejection of a departmental representation when the departmental authority failed to decide it within 120 days?
- Is it mandatory for a civil servant to approach the Service Tribunal upon the expiry of 120 days of filing a departmental representation, or can he wait for the actual decision?
ORDER
MANZOOR HUSSAIN SIAL, J.---Learned counsel for the petitioner contended that the impugned Revised Seniority List adversely affecting the petitioner was issued on 26th December, 1985. The petitioner challenged the same through representation filed by him before the departmental authority on 23-1-1986 which remained pending disposal for a number of years until vide order dated 2-5-1993 it was notified to the petitioner having been rejected. The petitioner assailed that decision in appeal before the Service Tribunal on 31-5-1993 which was erroneously held by the Service Tribunal to be barred by limitation. Learned counsel for the petitioner further contended that it was not incumbent upon the petitioner to have filed the appeal before the Service Tribunal if the departmental authority did not dispose of the same within 120 days of filing the appeal. It was submitted that it was open to the petitioner that he could file appeal within 120 days if not responded to from the date of filing thereof, or could wait until the appeal was decided by the departmental authority and challenged the same within 30 days from the date of the decision. Learned counsel in support of his submission relied on the decision of this Court in Civil Appeal No, 586 of 1992 "Syed Firdos Ali v. Secretary Establishment Division, Islamabad and 2 others" decided on 30-11-1993.
2.Leave to appeal is granted under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 to consider whether the Service Tribunal of A in the impugned order dated 15-1-1994 had correctly held that the appeal filed by Muhammad Younas Khan was barred by limitation and thus not maintainable.
Judges on this bench
- Manzoor Hussain Sial807 judgments
- Muhammad Munir Khan2,344 judgments