Case Details

Citation(s)
1989 SLG 795 1989 SLD 795 1989 SCMR 860 1989 SLD 1351 1989 SCMR 860
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.446/R of 1988, decision dated: 16-01-1989
MUHAMMAD AFZAL ZULLAH AND USMAN ALI SHAH, JJ

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Mian SHAFIUDDIN, DEPUTY DIRECTOR and 4 others

VS

SURAT KHAN MARRI, DIRECTOR and 41 others

Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan (1973)--Art.212(3)--Leave to appeal was granted to examine whether appeal before Service Tribunal, in circumstances of case, was badly time-barred and on that account, no relief should have been allowed--Apart from question of limitation two general questions of law of public importance, which had also been raised would need consideration viz. whether Government has power to regularise an ad hoc appointment with retrospective effect from the date of original induction of civil servant as ad hoc appointee, and if not, whether without such power being available to Government, Service Tribunal can exercise such power or jurisdiction. Bashir Ahmad Ansari, Advocate instructed by Imtiaz Muhammad Khan, Advocate-on-Record for Petitioners. Tahir Muhammad Khan instructed by Ch. Akhtar Ali, Advocate-on­Record for Respondent No.l. Date of hearing: 16th January, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the petitioners, against the acceptance by the Central Service Tribunal, of the service appeal filed by Surat Khan Marri, respondent. After hearing both the learned counsel we consider it a fit case to examine; whether, the appeal before the Service…
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