NAZIR AHMAD AKHTAR vs DIRECTOR GENERAL OF SOIL SURVEY OF PAKISTAN, LAHORE And Another
This matter concerns a petition for leave to appeal against a judgment of the Federal Service Tribunal, which had dismissed the petitioner's service appeal on the grounds of being time-barred. The core legal question involves whether the petitioner's appointment was regular or contingent upon the T.S.T. Scheme, and consequently, whether the reversion of the petitioner upon the termination of said scheme was lawful. Furthermore, the case addresses the computation of the limitation period for filing an appeal before the Federal Service Tribunal, specifically whether the period should be calculated from the date of the final approval of the competent authority regarding the reversion. The Supreme Court, noting that similar contentions were already under consideration in other pending civil petitions, granted leave to appeal. The Court held that the issues raised required detailed examination and directed that the present matter be heard alongside the connected petitions. Additionally, the Court ordered that the status quo be maintained in the interim, thereby preserving the petitioner's position pending the final adjudication of the appeal.
- Whether an appeal before the Federal Service Tribunal is time-barred if filed within thirty days of the notification of the final approval of a reversion order?
- Can an employee appointed against advertised posts without reference to a specific scheme be reverted upon the termination of that scheme?
- Does the pendency of similar legal contentions in other petitions warrant the grant of leave to appeal?
ORDER
SAIDUZZAMAN SIDDIQUI, J.---The petitioner, who is appearing in person, is seeking leave to appeal against the judgment of Federal Service Tribunal dated 16-3-1995 whereby service appeal of the petitioner was dismissed as the-barred.
On a similar question as is canvassed in the present case, leave has been granted by this Court in Civil Petitions Nos. 1038 to 1041 of 1995 to consider the following contentions:-- "Learned counsel for the petitioners contended that they were selected against the posts advertised by the Federal Public Service Commission, and were posted as such since 1986; neither in the letters of their appointment nor in the advertisement, the petitioners' appointment was notified against the posts in T.S.T. Scheme. The petitioners held regular appointments with no reference to the T.S.T. Scheme, therefore, they could not have been reverted with termination of the scheme. It was further submitted that the petitioners had waited till the final approval of the competent Authority. As the approval of their reversion was notified to the petitioners on 25-10- 1994, appeals filed before the Federal Service Tribunal on 23-11-1994 were within the.
5. The contentions raised by the learned counsel for petitioners need consideration. Leave to appeal is, therefore, granted. Status quo to continue in the meanwhile."
In view of the above leave granting order we grant leave petition as well. This matter will also be heard alongwith appeals arising from petitions Not. 1038 to 1041 of 1995.