Syed FIRDOS ALI vs SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 2
This matter came before the Supreme Court of Pakistan upon a grant of leave to appeal under Article 212(3) of the Constitution of Pakistan 1973, to examine whether the Service Tribunal correctly held that the appellant civil servant's appeal was time-barred. The appellant's seniority order was passed on November 4, 1984, and he filed a departmental appeal on November 29, 1984, which was eventually decided on May 2, 1990. The appellant filed his service appeal before the Tribunal on May 30, 1990. The Service Tribunal had dismissed the appeal on the premise that the appellant ought to have approached the Tribunal within 120 days of filing his departmental appeal. The Supreme Court held that Section 4 of the Service Tribunals Act confers a right to appeal against either the original or the appellate order of a departmental authority, and this right cannot be restricted. Consequently, computing limitation from the date of the appellate order, the appeal filed within thirty days was well within time. The appeal was accepted, the Service Tribunal's judgment was set aside, and the case was remanded for a decision on merits.
- Whether an appeal to the Service Tribunal can be filed within thirty days of the disposal of a departmental appeal?
- Does Section 4 of the Service Tribunals Act confer a right of appeal against an appellate order of a departmental authority?
- Whether a service appeal filed after the final disposal of a departmental appeal can be dismissed as time-barred on the ground that the civil servant did not approach the Tribunal within 120 days of filing the departmental appeal?
- 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 held that the appeal filed by the appellant was time- 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 time. The appeal could not be dismissed as time-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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