SHAH MUHAMMAD CHAUDHRY vs FEDERAL SERVICE TRIBUNAL and others
This matter concerns a petition for leave to appeal against an order of the Federal Service Tribunal, which had dismissed the petitioner's service appeal on the grounds of limitation. The petitioner, a former employee of Pakistan Steel Mills Corporation, challenged his reversion from the post of Deputy General Manager to Manager. The core legal question was whether the petitioner's appeal before the Tribunal was time-barred, given that his case had been referred to a 'Reinstatement Review Committee' for consideration, effectively keeping the matter pending. The Supreme Court observed that the Tribunal had completely overlooked the fact that the petitioner's case was under active review by this committee, meaning there was no occasion for the petitioner to approach the Tribunal until a final decision was reached. Consequently, the Supreme Court held that the Tribunal's finding on limitation was erroneous. The Court set aside the impugned judgment and remanded the case to the Tribunal for reconsideration on merits, establishing the principle that the limitation period for filing an appeal does not commence while a matter is pending before a competent departmental review committee.
- Does the pendency of a matter before a departmental review committee suspend the limitation period for filing an appeal before the Service Tribunal?
- Can a Service Tribunal dismiss an appeal as time-barred without considering whether the delay was caused by the pendency of a departmental review process?
- Section 4, Service Tribunals Act 1973
ORDER
' MAMOON KAZI, J.---The petitioner joined Pakistan Steel Mills Corporation on deputation on 7-10- 1981 and voluntarily got his retirement from his parent department, Government Polyclinic, Sargodha, vide order, dated 15-2-1990. He was then appointed as Deputy General Manager with.
Effect from 7-10-1989 but vide order, dated 21-7-1992, he was reverted to the post of Manager.
2. The order passed by the Service Tribunal indicates that the petitioner filed his departmental appeal on 20-8-1992 and thereafter, he filed further appeals, dated 7-9-1994, 24-10-1997 and 14- 12-1998 respectively. Consequently, there being no provision in the Service Tribunals Act for subsequent appeal, it found that the petitioner's appeal filed before it was time-barred and dismissed the same.
3. Our attention has been invited to the memorandum of appeal filed by the petitioner before the Tribunal which indicates that after change of administration in the Pakistan Steel Mills, the case of the petitioner had been referred to "Reinstatement Review Committee" to review the cases of employees whose services has either been terminated or who had been dismissed or reverted from their original positions held by them and it remained there under process. The case of the petitioner is that although, the Ministry of Production, Government of Pakistan (respondent No,2) promoted 55 managers, some of whom were even junior to the- petitioner to the grade of Deputy General Managers but the case of the petitioner failed to receive favourable consideration. The petitioner filed his representation before the respondent No,4 which finally conveyed its reply to the petitioner on 2-1-1999, therefore, according to Mr. Ali Akbar, the appeal of the petitioner was not time-barred as against such order the petitioner filed his appeal before the Tribunal on 30-1-1999.
4. Perusal of the impugned judgment of the Tribunal indicates that such fact has been completely overlooked by the Tribunal in its impugned judgment. In case the petitioner's case has been referred to the said Committee and there it remained pending for decision, there was no occasion of him to approach the Tribunal unless a final decision was taken in this regard. Consequently, the finding of the Tribunal that the case of the petitioner had become time-barred appears to be requiring reconsideration.
5. In the result, the petition is converted into an appeal and the judgment of the Tribunal is set aside and the case is remanded for reconsideration.