Case Details

Citation(s)
1986 SLG 831 1986 SLD 831 1986 SCMR 1331
Supreme Court of Pakistan
Civil Petition No. 20-K of 1985, decision dated: 12th February,1986.
ABDUL QADIR SHAIKH AND S.A. NUSRAT, JJ

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GENERAL MANAGER OVERSEAS TELECOMMUNICATIONS KARACHI

VS

KHALID MAHMOOD-

Law:

Section:

Constitution of Pakistan (1973)----Art. 212(3)--Service Tribunals Act (LXXI of 1973), S. 4--Appeal before Service Tribunal--Limitation--Service Tribunal evolved a theory of continuous wrong in cases of adverse orders passed against civil servants and if that principle was accepted then period of limitation prescribed for filing appeal to Service Tribunal would be completely out of place--Such aspect and other submissions made in support of petition deserving consideration--Leave to appeal granted. S. Shahudul Haq, Advocate Supreme Court for Petitioner. Nemo for Respondent. Date of hearing: 12th February, 1986. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Federal Service Tribunal, dated 25-10-1984 by which appeal of respondent was allowed with the result that the order of reversion passed against him was set aside and it was declared that he shall be entitled to the payment of pay for N.P.S. 11 from the date he resumes the duty of Accounts Assistant in the Office of the Senior, Accounts Officer, International Telecommunications, Karachi not with standing his unlawful reversion. 2. Mr. S. Shahudul Haq, learned counsel appearing in support of the petition submits that since no valid ground for the condonation of the delay in filing of the appeal before the Federal Service- Tribunal were made out, the respondents appeal ought to have been dismissed as time-barred. In this behalf, learned counsel referred to the following portion of the judgment of the Tribunal:- "A preliminary objection regarding limitation was raised on behalf of the respondent-Department by contending that the appeal being barred by time is liable to be dismissed. It is to be seen that, according to the appellant, he took the order, dated 1-12-1983 (communicated to him on 3-12-1983) as implied rejection of his departmental appeal. . He should have, therefore, filed appeal before this Tribunal by 2-1-1984 while the present appeal was…
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