Haji NASEER AHMED vs The SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI
This petition for leave to appeal challenges an order of the Service Tribunal, which dismissed the petitioner's miscellaneous application seeking further benefits for an intervening period following his reinstatement. The core legal question is whether the Service Tribunal correctly declined to re-open the matter after the initial judgment—which ordered reinstatement and a determination of benefits—had already been implemented by the respondents, and whether the petitioner's subsequent application was time-barred. The Supreme Court held that the Service Tribunal acted correctly in disposing of the miscellaneous application, as the original directions had been implemented, including payment for half of the intervening period. The Court further held that the petitioner failed to provide sufficient grounds for condonation of an 8-day delay in filing the petition, particularly since the impugned order was passed in the presence of the petitioner's counsel. The principle laid down is that a party cannot seek to re-litigate a matter through a miscellaneous application once the original tribunal order has been substantially implemented, and that a failure to explain the delay of each day precludes the condonation of time-barred petitions.
- Can a party seek to re-open a decided appeal through a miscellaneous application after the original order has been implemented?
- Is a plea for condonation of delay sufficient if it fails to explain the delay of each day?
- Does the presence of a party's counsel during the announcement of an order negate a claim that the order was not communicated?
ORDER
' CH. MUHAMMAD ARIF, J.---The petitioner has made this petition with a view to challenge the order, dated 10-9-1997 passed by the Service Tribunal in a Miscellaneous Application No,40 of 1997 in Appeal No,138-L of 1991 mainly on the ground that the order made in the main appeal had been implemented and the petitioner had no right to ask the Tribunal to re-do the entire case.
2. Only ground taken on merits is that the application of the petitioner in Appeal No,138-L of 1991 was competent as the decision in the main appeal did not talk about full payment to the petitioner for the intervening period. We are afraid the plea being raised is sans merit. The main appeal was resolved by Service Tribunal with a direction to re-instate the petitioner and decide the question of benefits for the intervening period. The respondents implemented the above directions, including payment of benefits for half of the intervening period. The Tribunal is quite right in disposing of petitioner's Miscellaneous Application with the observation that he may seek other remedy, if so advised.
3. The instant application is also beyond time by 8 days and the plea taken by the petitioner for condonation of delay is that copy of the impugned order was not despatched to the petitioner by the Service Tribunal. This circumstance is of little help to him in that the decision in Miscellaneous Application was made in the presence of his learned counsel. No ground has even so much as been urged to explain the delay of each day. Looked at from whatever angle, no case for grant of leave has been made out. Resultantly, the petition is dismissed and leave refused.