| Citation(s) |
|---|
| 1994 SLG 723 1994 SLD 723 1994 SCMR 1033 |
Supreme Court of Pakistan
Civil Appeals Nos. 446 of 1990,141 and 142 of 1992, decision dated: 13-02-1994
SHAFIUR RAHMAN, SALEEM AKHTAR AND MANZOOR HUSSAIN SIAL, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Appeals Nos. 446 of 1990,141 and 142 of 1992, decision dated: 13-02-1994
SHAFIUR RAHMAN, SALEEM AKHTAR AND MANZOOR HUSSAIN SIAL, JJ
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
MUHAMMAD ARSHAD SAEED, DIG POLICE
GOVERNMENT OF PAKISTAN through Secretary, Establishment Division, Islamabad and 2 9 others
Law:
Section:
(a) Constitution of Pakistan (1973)--Art. 212(3)---Leave to appeal was granted to examine whether civil servant could overcome bar of limitation by pleading that appointment of respondent (civil servant) was made by an incompetent Authority was in violation of law on the subject, and had to be treated for that reason as ad hoc appointment: --[Limitation]. (b) Constitution of Pakistan (1973)--- ----Art. 212(3)---Leave to appeal was granted to examine whether induction policy of specified date satisfied in all respects requirement of the Constitution and the law, to achieve efficacy; whether rule of seniority framed thereunder could hold the field; and whether seniority of respondents (civil servants) had been correctly fixed. (c) Service Tribunals Act (LXX of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art. 212---Appeal before Service Tribunal---Limitation---Effect of bar of limitation---Concept of delay, laches or inaction has altogether different qualitative content in matters other than service cases---Principle of promptness in bringing service grievances before Courts of equity was given a statutory form in Service Tribunals Act, 1973, where while departmental appeal itself was pending decision, right was conferred for preferring appeal to Service Tribunal---Time for filing appeal was although short, yet service rules made it possible for a dissatisfied civil servant to even file his appeal by post---All such factors pointed to strict application of period of limitation prescribed under the law--Even if order in question, was assumed to be void, still bar of limitation could not be avoided in the case of civil servant for lack of satisfactory explanation for delay and equities were also against it---Decision of Service Tribunal in dismissing civil servant's appeal on ground of limitation was correct in circumstances.---[Limitation]. Chairman, District Screening Committee, Lahore and another v. Sharif Ahmad Hashmi PLD 1976 SC 258 and Sharif Ahmad Hashmi v. Chairman, Screening Committee, Lahore and another 1978 SCMR 367 rel. (d) Service Tribunals Act (LXX of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art. 212---Dismissal of appeal by…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492