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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Syed FIRDOS ALI VS Respondent: SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD And 2 Other
Court Name: Supreme Court of Pakistan Judge(s): Abdul Qadeer Chaudhry, Shafi-ur-Rehman, Wali Muhammad Khan Title:Syed FIRDOS ALI vs SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD And 2
Other Case No.: Civil Appeal No.586 of 1992Appeal No.266(R) of 1990 Date of Judgment:1993-11-30 Reported As: 1997 SCMR 1160 Result: Appeal accepted Judgment ORDER SHAFIUR RAHMAN, J.---Leave to appeal was granted under Article 212(3) of the Constitution to examine whether the Tribunal had correctly A held that the appeal filed by the appellant was the- 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 filed 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 the. The appeal could not be dismissed as the-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.
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