MUHAMMAD IDREES ALVI vs EMPLOYEES' OLD-AGE BENEFITS INSTITUTION and 4
This matter concerns a petition for leave to appeal filed under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, challenging a judgment of the Federal Service Tribunal which dismissed the petitioner's appeal regarding his seniority status. The petitioner had contested the promotion of a colleague, respondent No. 4, from Assistant Director to Deputy Director, alleging that the promotion order improperly assigned the respondent seniority over the petitioner. The Federal Service Tribunal had dismissed the petitioner's appeal on the grounds that he failed to exhaust departmental remedies by not filing an appeal or representation to the departmental authority before approaching the Tribunal. The Supreme Court found that the petition was time-barred by six days without a valid explanation. Furthermore, the Court noted that the petitioner had subsequently received a promotion, rendering the petition infructuous. Consequently, the Court refused leave to appeal and dismissed the petition, observing that the petitioner may pursue his seniority claim before the competent authority in accordance with the law.
- Can a petition for leave to appeal be dismissed if it is time-barred without a valid explanation?
- Does the subsequent promotion of a petitioner render a pending seniority dispute infructuous?
- Is it mandatory to exhaust departmental remedies before approaching the Federal Service Tribunal regarding a promotion order?
- Article 185(3), Constitution of Islamic Republic of Pakistan 1973
ORDER
' NAZIM HUSSAIN SIDDIQUI, J.---Petitioner Muhammad Idrees, under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, seeks leave to appeal against the judgment dated 1-3-1999 of Federal Service Tribunal, whereby the appeal of the petitioner was dismissed.
2. The petitioner and respondent No,4 Iqtidar Rahim Khan are the employees of Old-Age Benefits Institution. Before the Tribunal, the petitioner had impugned the approval of promotion order of said respondent from the post of Assistant Director to Deputy Director with effect from 12-5-1998 assigning him seniority over the petitioner. Learned Tribunal held that the petitioner had not preferred any appeal/representation to the departmental authority against the impugned order before approaching the Tribunal and dismissed the appeal.
3. Admittedly, the petition is time-barred by 6 days. No valid explanation has been furnished in this regard. On this ground alone, the petition is liable to be dismissed. Besides Syed Zaki Muhammad, learned Deputy Attorney-General states that the petitioner has also been promoted and the petition has become infructuous. The factum of promotion has not been denied by the petitioner in consequence, leave to appeal is refused and the petitioner is dismissed. The petitioner may, if aggrieved, claim his seniority before the competent Authority according to law. 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.
Cited by 1 case
- Quran Hussain vs Federation of Pakistan, etc 2015 C.L.R. 1106