Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Constitution of Pakistan (1973)--Art.212(3)--Fixation of pay and grant of pension under War Service Benefits Scheme--Leave to appeal was granted to consider contention that if appeal before Service Tribunal was directed against the order refusing the grant of benefits claimed, then appeal filed before Tribunal was clearly time-barred and that if appeal was directed against some other order then as no such order was specified, such appeal was not competent. (b) Limitation- --- Period of limitation prescribed by a special law or local law--Duty of Court/Tribunal to first determine question of limitation--Where any special law prescribes for any appeal, a period of limitation, whether plea of limitation is raised or not, it is duty of the Court/Tribunal to notice such plea--Waiver of question of limitation is not permissible, even where period of limitation is prescribed by a special law or a local law--There must be something in the order of itself to show that Tribunal was conscious of the fact that proceedings were out of time, and had applied its mind to question of limitation before dealing with proceedings on merit--Tribunal having not applied its mind to question of limitation before dealing with proceedings on merit, requirements of dictum laid down by Supreme Court in Ahsan Ali's case reported in P L D 1969 S C 167 were not satisfied--Tribunal ought to have first applied its mind to the question whether there were sufficient grounds for condonation of delay and after disposing of that matter, if necessary, determine the appeal on merits on proper consideration of facts and relevant rules--Case was remanded to Tribunal for hearing of appeal in the light of observations and for fresh decision thereon. Ahsan Ali and others v. District Judge and others P L D 1969 S C 167; Ata Ullah Malik v. The Custodian of Evacuee Property and others P L D 1964 S C 236; Syed A7mat Ali v. Chief Settlement and Rehabilitation Commissioner etc. P L D 1964 S C 260 and Muhammad Farooq Imam v. Claims Commissioner P L D 1964 S C 585 rel. JUDGMENT ZAFFAR HUSSAN MIRZA, J.--This appeal by the Pakistan Railways by leave arises out of the judgment passed by the Federal Service…

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