Syed FIRDOS ALI vs SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD And 2
This matter concerns an appeal against a Service Tribunal decision that dismissed the appellant's service appeal as time-barred. The appellant challenged a seniority order dated 4-11-1984, filed a departmental appeal on 29-11-1984, which was decided on 2-5-1990, and subsequently filed a service appeal on 30-5-1990. The core legal question was whether the appellant was required to approach the Service Tribunal within 120 days of filing the departmental appeal, or if the limitation period commenced from the date of the final departmental appellate order. The Supreme Court held that Section 4 of the Service Tribunals Act 1973 confers a right to appeal against both original and appellate departmental orders. Consequently, the Court ruled that the appellant was entitled to file an appeal within the statutory period following the final appellate order. The Court set aside the Tribunal's dismissal, holding that the appeal was not time-barred, and remanded the matter to the Service Tribunal for a decision on the remaining merits of the case.
- Does the right to appeal under the Service Tribunals Act 1973 extend to the appellate order of a departmental authority?
- Does the limitation period for a service appeal commence from the date of the original order or the final departmental appellate order?
- Article 212(3), Constitution of Pakistan 1973
- Section 4, Service Tribunals Act 1973
ORDER
SHAFIUR RAHMAN, J.---Leave to appeal was granted under Article 212(3) of the Constitution to examine whether the Tribunal had correctly A held that the appeal filed by the appellant was the- barred and hence untenable.
2. The order which aggrieved the appellant with regard to his seniority was passed on 4-11-1984. He filed a departmental appeal against it the same month on 29-11-1984, The Tribunal has taken the view that immediately after filing the departmental appeal he should have come to the Service Tribunal within 120 days available to him. The departmental appeal itself was disposed of on 2-5- 1990 and the appellant filed the Service Appeal before the Tribunal on 30-5-1990.
3. Section 4 of the Service Tribunals Act by express words confers a right on the civil servant to appeal against the original or the appellate order of a departmental authority. This right cannot be abridged to only original order and not the appellate order. From the date of the appellate order i.e. 2-5-1990 the appeal filed within thirty days before the Service Tribunal was within the. The appeal could not be dismissed as the-barred.
4. In the circumstances, we accept the appeal, set aside the judgment of the Service Tribunal and remand the case to the Service Tribunal for decision on issues other than limitation. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
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