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Petitioner: MUHAMMAD YOUNIS KHAN VS Respondent: SECRETARY, HEALTH DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others
Court Name: Supreme Court of Pakistan Judge(s): Manzoor Hussain Sial, Muhammad Munir Khan Title:MUHAMMAD YOUNIS KHAN vs SECRETARY, HEALTH DIVISION, GOVERNMENT OF
PAKISTAN, ISLAMABAD and others Case No.: Civil Petition for Leave to Appeal No, 206 of 1994 Date of Judgment:1994-06-29 Reported As: 1995 SCMR 871 Result: Leave granted Judgment ORDER ' MANZOOR HUSSAIN SIAL, J.---Learned counsel for the petitioner contended that the impugned Revised Seniority List adversely affecting the petitioner was issued on 26th December, 1985. The petitioner challenged the same through representation filed by him before the departmental authority on 23-1-1986 which remained pending disposal for a number of years until vide order dated 2-5-1993 it was notified to the petitioner having been rejected. The petitioner assailed that decision in appeal before the Service Tribunal on 31-5-1993 which was erroneously held by the Service Tribunal to be barred by limitation. Learned counsel for the petitioner further contended that it was not incumbent upon the petitioner to have filed the appeal before the Service Tribunal if the departmental authority did not dispose of the same within 120 days of filing the appeal. It was submitted that it was open to the petitioner that he could file appeal within 120 days if not responded to from the date of filing thereof, or could wait until the appeal was decided by the departmental authority and challenged the same within 30 days from the date of the decision. Learned counsel in support of his submission relied on the decision of this Court in Civil Appeal No, 586 of 1992 "Syed Firdos Ali v. Secretary Establishment Division, Islamabad and 2 others" decided on 30-11-1993. 2. Leave to appeal is granted under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 to consider whether the Service Tribunal of A in the impugned order dated 15-1-1994 had correctly held that the appeal filed by Muhammad Younas Khan was barred by limitation and thus not maintainable.