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Petitioner: GHULAM NABI VS Respondent: AZAD JAMMU AND KASHMIR GOVERNMENT
1992 P L C (C
1992 P L C (C.S.) 546
[Supreme Court (Azad J&K)]
Present: Sardar Said Muhammad Khan, C.J. and Basharat Ahmad Shaikh, J
Ch. GHULAM NABI
versus
AZAD JAMMU AND KASHMIR GOVERNMENT through its Chief Secretary, Muzaffarabad and 2 others
Civil Appeal No. 18 of 1991, decided on 18th January, 1992.
(On appeal from the judgment of the Service Tribunal dated 15-1-1991, in Service Appeal No. 369 of 1987).
(a) Azad Jammu and Kashmir Service Tribunals Act, 1975----
----S. 4---Appeal---Limitation---Before filing appeal in the Service Tribunal, Civil servant filed a review petition with the Government---Period of sixty days was allowed for filing of a review petition---Period allowed for filing of an appeal with Service Tribunal at the relevant time was 180 days (one hundred and eighty days) to be calculated by adding up the period of sixty days allowed for filing review application; thirty days period allowed for filing of appeal under S. 4, Azad Jammu and Kashmir Service Tribunals Act, 1975; and the waiting period of ninety days which had to elapse before filing of appeal--Civil Servant having taken 181 days (one hundred and eighty-one) to file appeal before Service Tribunal, his appeal was barred by one day---Such appeal being time-barred and there being no application for condonation of delay, was rightly dismissed.
Kh. Abdul Khaliq v. Azad Government PLD 1984 SC 9 rel.
(b) Limitation Act (IX of 1908)----
----S. 12---Computing period of limitation--- Under S. 12, Limitation Act 1908, the date on which judgment was pronounced was to be excluded, but it is nowhere provided that the day on which the appeal was filed was also to be excluded.
(c) Azad Jammu and Kashmir Service Tribunals Act 1975---
----S. 6 (4) & Second Sched. Para 1---Memorandum of appeal was to be accompanied by a copy of the order against which appeal was filed---Order under appeal having not been filed till the specified date in the Service Tribunal, appeal would be deemed to have been filed only on that date i.e. specified date, far beyond the period of limitation, which would make the appeal as time barred.
(d) Azad Jammu and Kashmir Service Tribunal (Procedure) Rules---
---- R. 7---Appeal before Service Tribunal to be accompanied by a copy of the order against which appeal was filed---No such copy having been filed with the memorandum of appeal, same would be deemed to be time-barred appeal warranting dismissal.
Sardar Rafique Mahmood Khan for Appellant.
Kh. Abdul Samad for Respondents.
Date of hearing: 11th January, 1992.