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Petitioner: FIRDOS ALI VS Respondent: SECRETARY, ESTABLISHMENT DIVISION. ISLAMABAD
1997 P L C (C
1997 P L C (C.S.) 579
[Supreme Court of Pakistan]
Present: Shafiur Rahman, Abdul Qadeer Chaudhry and Wali Muhammad Khan, JJ
Syed FIRDOS ALI
versus
SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 2 others
Civil Appeal No. 586 of 1992, decided on 30th November, 1993.
(On appeal from the judgment of the Federal Service Tribunal, dated 11/12‑5‑1992, passed in Appeal No. 266(R) of 1990).
(a) Service Tribunals Act (LXX of 1973)
‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Dismissal of appeal as time‑barred‑‑‑Validity‑‑‑Leave to appeal was granted to examine whether Service Tribunal had correctly found that appeal filed by civil servant was time‑barred and, thus,, untenable.
(b) Service Tribunals Act (LXX of 1973)‑‑‑
‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Art. 212‑‑‑Appeal before Service Tribunal‑‑‑Limitation‑‑‑Dismissal of appeal on ground of being time-barred‑‑‑Validity‑‑‑Order which aggrieved the civil servant with regard to his seniority was promptly challenged by civil servant in departmental appeal‑‑‑Service Tribunal had taken view that after filing departmental appeal, civil servant should have come to Service Tribunal within 120 days available to him and that appeal having been filed after such available period was time barred‑‑Provision of S. 4, Service Tribunals Act, 1973 confers right on civil servant to appeal against original or appellate order of Departmental Authority‑‑‑Such right could not be restricted to only original order and not the appellate order‑‑‑Civil servant having filed appeal within thirty days from appellate order before Service Tribunal, same was within time‑‑‑Case was remanded to Service Tribunal for decision on issues other than limitation.
Appellant in person.
Mumtaz Ali Mirza, Deputy Attorney‑General instructed by Khan Imtiaz Muhammad Khan for Respondents.
Date of bearing: 30th November, 1993.
ORDER
SHAFIUR RAHMAN, J.‑‑‑Leave to appeal was granted under Article 212(3) of the Constitution to examine whether the Tribunal had correctly held that the appeal filed by the appellant was time‑barred and hence untenable.
2. The order which aggrieved the appellant with regard to his seniority was passed on 4‑11‑1984. He filed a departmental appeal against it the same month on 29‑11‑1984. The Tribunal has taken the view that immediately after filing the departmental appeal he should have come to the Service Tribunal within 120 days available to him. The departmental appeal itself was disposed of on 2‑5‑1990 and the appellant fled the service appeal before the Tribunal on 30‑5‑1990.
3. Section 4 of the Service Tribunals Act by express words confers a right on the civil servant to appeal against the original or the appellate order of a departmental authority. This right cannot be abridged to only original order and not the appellate order. From the date of the appellate order i.e. 2‑5‑1990 the appeal filed within thirty days before the Service Tribunal was within time. The appeal could not be dismissed as time‑barred.
4. In the circumstances, we accept the appeal, set aside the judgment of the Service Tribunal and remand the case to the Service Tribunal for decision on issues other than limitation.
A.A./F‑407/S Appeal accepted.