Full Judgment Text & Judicial Ruling

2008 P L C (C

2008 P L C (C.S.) 311

[Supreme Court of Pakistan]

Present: Faqir Muhammad Khokhar and Karamat Nazir Bhandari, JJ

MUHAMMAD SHARIF SINDHU

Versus

HABIB BANK LTD. through President and others

Civil Petition No.1506-L of 2001, decided on 24th October, 2005.

(On appeal from judgment, dated 20-3-2001 of the Federal Service Tribunal, Lahore in Appeal No.1615-L of 1998).

Constitution of Pakistan (1973)---

----Art. 212(3)---Retirement under the Voluntary Golden Handshake Scheme---Petitioner, who exercised his option for retirement under the scheme, subsequently made an application for withdrawal of said option, but competent authority accepted the option already exercised by the petitioner---Departmental appeal filed 'by petitioner having remained undecided, petitioner made a complaint before Federal Ombudsman, which was also dismissed---Petitioner then filed appeal before the Service Tribunal, which was dismissed by the impugned order as barred by time---Validity---Petitioner was required to file his appeal before the Service Tribunal within a period of 120 days after he had filed his departmental appeal, which remained undecided---Appeal filed, by petitioner before the Tribunal beyond prescribed period of 120 days, was rightly dismissed by the Tribunal being barred by time.

Haji Kadir Bux v. Province of Sindh and another 1982 SCMR 582 and Shafaat Ahmad and others v. Government of Punjab and 2 others 1986 SCMR 30 ref.

Malik Amjad Pervaiz, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioner.

Mian Abdur Rashid, Advocate Supreme Court for Respondent No.1.

Date of hearing: 24th October, 2005.

JUDGMENT

FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks leave to appeal from judgment, dated 11-4-2001, passed by the Federal Service Tribunal, Lahore (hereinafter referred to as the Tribunal), in Appeal No.1615(L) of 1998.

2. The petitioner was a Grade-II Officer in the Habib Bank Limited. He exercised his option for retirement under the Voluntary Golden Handshake Scheme. Subsequently, he made an application for withdrawal of said option which was recommended by the Zonal Chief, by letter, dated 27-9-1997. However, on 23-10-1997, the Competent Authority of the Bank accepted the option already exercised by the petitioner. He filed an appeal on 1-12-1997 before the President of the Bank which remained undecided. He also made a complaint before the Federal Ombudsman which was dismissed by order, dated 31-8-1998 for lack of jurisdiction. Therefore, he filed Regular Appeal No.1615(L) of 1998 before the Tribunal, which was dismissed by the impugned order, dated 11-4-2001 as barred by time.

3. The learned counsel for the petitioner vehemently argued, that the departmental appeal of the petitioner had never been decided by the President of the Bank. Therefore, there was no question of service appeal being barred by time in terms of section 4 of the Service Tribunals Act, 1973.

4. On the other hand, the learned counsel for the Bank stated that the petitioner was required to approach the Tribunal within a period of 120 days from 1-12-1997 after his filing of appeal before the President of the Bank. Therefore, his appeal was rightly dismissed by the Tribunal as barred by time.

5. We have heard the learned counsel for the parties at some length and have also gone through the relevant record. The petitioner was required to file his appeal before the Tribunal within a period of 120 days after he had filed his departmental appeal on 1-12-1997 in view of the law laid down by this Court in the cases of Haji Kadir Bux v. Province of Sindh and another 1982 SCMR 582 and Shafaat Ahmad' and others v. Government of Punjab and 2 others 1986 SCMR 30. The impugned judgment is quite correct to which no exception can be, taken.

6. For the foregoing reasons, we do not find any merit in this petition, which is dismissed and leave to appeal is refused accordingly.

H.B.T./M-48/SC Leave refused.

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