| Citation(s) |
|---|
| 2017 SLG 1007 2017 SLD 1007 2017 PLJ 131 |
Federal Service Tribunal, Islamabad
R.P. No. 159 of 2016 in Appeal No. 643(R)CS/2015, decided on 2.11.2016. Date of hearing: 21.10.2016.
SYED RAFIQUE HUSSAIN SHAH, JUSTICE, SYED MUHAMMAD HAMID, MEMBERS
Mr. Abdul Rahim Bhatti and Mr. Faisal Rahim Bhatti, Advocates for Petitioner. Raja Zubair Hussain Jaral, Advocate with Mr. Sufyan Muhammad Khan, Stenotypist as DR for
Respondent.
R.P. No. 159 of 2016 in Appeal No. 643(R)CS/2015, decided on 2.11.2016. Date of hearing: 21.10.2016.
SYED RAFIQUE HUSSAIN SHAH, JUSTICE, SYED MUHAMMAD HAMID, MEMBERS
Mr. Abdul Rahim Bhatti and Mr. Faisal Rahim Bhatti, Advocates for Petitioner. Raja Zubair Hussain Jaral, Advocate with Mr. Sufyan Muhammad Khan, Stenotypist as DR for
Respondent.
NISAR AHMED SHAD - ER
VS
SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN AND 2 OTHERS --RespondentS
Law:
Section:
Service Tribunals Act, 1973-- ----S. 4-A--Civil servant--Review--Scope of--Main aim of review is correction of errors not involving process of reasoning of appreciation of law and facts and not for correcting wrong decisions while exercising power of review, as Court cannot hear matter as an appeal against its own . Punjab Service Tribunals Act, 1974-- ----S. 4-A--Review petition--Scope of--It is to reopen a finally decided matter and re-hearing on merits involving question of law and facts--In our opinion this review petition is beyond scope of Section 4-A of Act. Punjab Service Tribunals Act, 1974-- ----S. 4-A--Service matter--Promotion was declined considering not eligible for grant of scale as he did not possess master degree--An aggrieved civil servant would not have unfettered discretion to make application/appeal at any time and period of limitation would not depend upon sweet choice of civil servant who might awake at his own sweet whims--Any omission, slackness and negligence would not be easily ignored or overlooked because law would help vigilant, diligent and not indolent--Petitioner/appellant falls under definition of indolent who remained in deep slumber for a very long time and approached that forum too late in day. Void Order-- ----Limitation--No limitation runs against a void order is not an inflexible rule--A party cannot sleep over to challenge a void order and it is bound to challenge same within stipulated/prescribed time period of limitation from date of knowledge before proper forum in appropriate proceedings. 2013 SCMR 587, ref. THIS ORDER PASSED BY: SYED RAFIQUE HUSSAIN SHAH, MEMBER:---.--- This review petition has arisen in the following circumstances. 2. The review petitioner, Nisar Ahmed Shad was appointed on the post of Demonstrator (BPS-14) on 14.04.1980 in Federal Government Degree College Quetta. At the time of appointment, the petitioner was possessing the qualification of B.Sc. He was appointed Demonstrator in Physics. During the service, the petitioner improved his qualification and passed M.Sc. in Geology in 1982. Having got the degree of M.Sc. Geology, the petitioner filed representation to Director FGEI, GHQ, Rawalpindi for…
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