Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 9---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan, Art. 212(3)---Promotion---Dismissal of appeal by Service Tribunal for being time barred---Appellant's plea that though he gave grievance notice to department after five years of his retirement, but department had delayed its enquiry and he filed appeal before Service Tribunal soon after taking of adverse decision by department---Validity---Question whether department was responsible for delay in deciding appellant's grievance petition required consideration, whereupon would depend question whether delay in filing of appeal was condonable or not---­Supreme Court set aside impugned , resultantly appeal would be deemed pending before Service Tribunal for its decision. Petitioner in person. Hafiz Muhammad Saeed, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Respondents. Zia-ul-Qamar, D.A.-G. on Court's Call. Date of hearing: 18th July, 2011. ORDER TASSADUQ HUSSAIN JILLANI, J.---Petitioner has challenged the judgment dated 3-1-2011 vide which the learned Federal Service Tribunal dismissed the appeal shortly on the ground that "after having retired from service on 16-1-2001 the appellant claimed promotion with effect from 8-1-1998. His claim is hopelessly time barred." 2. Petitioner submits that the learned Tribunal while dismissing his appeal on question of limitation did not appreciate that petitioner has not been indolent in agitating for his rights; that initially he knocked the door of the Labour Court and having failed in his attempt to get the relief from their, he approached the Federal Service Tribunal, which instead of adverting to the merits of the case, dismissed the appeal on question of limitation although the said delay had fully been explained in paras 6 and 7 of his memo of appeal before the Service Tribunal. 3. Learned Deputy Attorney-General having gone through the memo of appeal filed before the Service Tribunal submits that the learned Tribunal should have condoned the delay and ought to have decided the appeal on merits. 4. Learned counsel for the respondent Railway Department submits that the conduct of the…

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