FAZAL ILLAHI and others vs P.T.C. and others
These petitions for leave to appeal were filed before the Supreme Court of Pakistan against various judgments of the Federal Service Tribunal. The petitions were based on a common judgment dated 26-12-1997 passed in Appeal No. 2638(K) of 1997, which had previously been the subject-matter of an appeal in Civil Petition No. 1305-K of 1997 (Syed Aftab Ahmed v. K.E.S.C.). In that prior case, the Supreme Court had converted the petitions into appeals and remanded the matters to the Service Tribunal for fresh decision. Addressing the present set of petitions, the Court noted that three of the petitions were barred by time by 10, 91, and 48 days respectively. However, because the other connected cases were being remanded, the Court condoned the delay in the interest of justice. Consequently, the Supreme Court converted all the petitions into appeals and remanded them to the Federal Service Tribunal for fresh adjudication in terms of its earlier judgment dated 16-4-1998.
- Whether delay in filing a petition for leave to appeal can be condoned if other connected petitions arising from the same subject-matter are being remanded?
- Can the Supreme Court remand service appeals to the Federal Service Tribunal for fresh adjudication in light of its previous binding observations in a connected matter?
ORDER
' AJMAL MIAN, C.J.---The above petitions have been filed against various judgments of the Federal Service Tribunal but all are based on the judgment dated 26-12-1997, passed in Appeal No, 2638(K) of 1997. The aforesaid judgment has been subject-matter of appeal inter alia in Civil Petition No, 1305-K of 1997 (Syed Aftab Ahmed v. K.E.S.C.) decided on 16-4-1998 by a Bench of this Court comprising two of us (Ajmal Mian, C.J. And Mamoon Kazi, J.), and Saiduzzaman Siddiqui, J., whereby we converted the above petitions into appeals and remanded the cases to the Service Tribunal for fresh decision on the appeals in the light of the observations contained in the above judgment.
2. In the present set of petitions, C.P. No, 370-K of 1998, C.P. No,529-K of 1998 and C.P. No, 552-K of 1998 are barred by time by 10 days, 91 days and 48 days respectively. However, since we are remanding the other cases, we condone the delay in the above petitions.
3. The above petitions are converted into appeals and they are remanded to the Service Tribunal in terms of the above judgment dated 16-4-1998 passed in Civil Petition No, 1305-K of 1997 and other connected petitions. The aforesaid judgment dated 16-4-1998 may be read as a part of this Order.
' Leave petitions converted into appeals and .