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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Mian SHAFIUDDIN, DEPUTY DIRECTOR and 4 others VS Respondent: SURAT KHAN MARRI, DIRECTOR and 41 others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title:Mian SHAFIUDDIN, DEPUTY DIRECTOR and 4 others vs SURAT KHAN MARRI,
DIRECTOR and 41 others Case No.: Civil Petition for Leave to Appeal No,446/R of 1988 Date of Judgment:1989-01-16 Reported As: 1989 SCMR 860 Result: Leave to appeal granted Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the petitioners, against the acceptance by the Central Service Tribunal, of the service appeal filed by Surat Khan Marri, respondent. After hearing both the learned counsel we consider it a fit case to examine; whether, the appeal before the Service Tribunal, in the circumstances of this case, was badly time-barred and on that account no relief should have been allowed. Apart from the question of limitation in this case, two other general questions of law of public importance have been raised; whether, the Government has the power to regularise an ad hoc appointment with retrospective effect from the date of original induction of the civil servant as ad hoc appointee, and if not; whether, without this power being available to the Government, the Service Tribunal can exercise such power or jurisdiction. ' These and other questions would need consideration. We accordingly grant leave to appeal. Stay to continue. The appeal shall be prepared on the present record with direction for filing of all additional necessary documents. It shall be heard together with all similar other matters involving the question of regularisation of ad hoc appointments with retrospective effect, at an early date.
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