GOVERNMENT OF THE PUNJAB through Secretary, Irrigation and Power
This petition for leave to appeal was filed by the Government of the Punjab challenging a judgment of the Punjab Service Tribunal, Lahore, dated 6 February 1998. The primary legal issue before the Supreme Court of Pakistan was whether a delay of 57 days in filing the petition for leave to appeal could be condoned based on internal administrative delays caused by differences of opinion between the petitioner Department and the Solicitor Department regarding the filing of the appeal. The Supreme Court dismissed the petition on the ground that it was time-barred. The Court held that internal departmental deliberations or differences of opinion do not constitute sufficient cause for condonation of delay. The key principle laid down is that the Government is not entitled to any preferential treatment or special consideration compared to ordinary citizens when applying the law of limitation. Consequently, the Court refused to grant leave to appeal, affirming that the state must adhere to the same procedural timelines as any other litigant.
- Does an internal difference of opinion between government departments constitute a valid ground for condonation of delay?
- Is the government entitled to preferential treatment regarding the law of limitation compared to ordinary citizens?
ORDER
' IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the judgment, dated 6-2-1998 passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), in Appeal No,1123 of 1996.
2. The petition is admittedly barred by 57 days inasmuch as, the impugned judgment was announced by the Tribunal on 6-2-1998. The petitioner moved an application for obtaining certified copy of the impugned judgment on 6-2-1998. The same was completed for delivery on 12-2-1998.
Time spent during preparation was seven days. Delay is sought to be condoned on ground of initial difference of opinion between the petitioner Department and the Solicitor Department for filing this petition for leave to appeal which was ultimately resolved by the Solicitor in favour of the petitioner.
3. We are afraid, this does not constitute a valid ground for condonation of delay. It has repeatedly been held by this Court that the Government is not entitled to any preferential treatment qua ordinary citizens in the applications of law of limitation.
4. The petition is, therefore, dismissed being barred by time and leave declined.