| Citation(s) |
|---|
| 1994 SLG 303 1994 SLD 303 1994 PLC 522 |
Federal Service Tribunal, Islamabad
Appeals Nos. 77(K), 76(K), 324(R) of 1991 (New Appeal No.255(L) of 1993), 325(R) of 1991 (New Appeal No.256(L) of 1993) and 21-K of 1992, decision dated: 2-10-1993
JUSTICE ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND S.M. ISHAQUE AND M. ILYAS LODHI, MEMBERS
Syed Jamshed Ali for Appellant (in Appeal No. 76(K) of 1991). Raja Qureshi for Appellant (in Appeal No. 21(K) of 1992). Abid Hassain Minto and Syed Jamshed Ali for Appellant (in Appeal No. 324(R) of 1991 (New Appeal No. 255(L) of 1993). Abid Hussain Mi
Appeals Nos. 77(K), 76(K), 324(R) of 1991 (New Appeal No.255(L) of 1993), 325(R) of 1991 (New Appeal No.256(L) of 1993) and 21-K of 1992, decision dated: 2-10-1993
JUSTICE ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND S.M. ISHAQUE AND M. ILYAS LODHI, MEMBERS
Syed Jamshed Ali for Appellant (in Appeal No. 76(K) of 1991). Raja Qureshi for Appellant (in Appeal No. 21(K) of 1992). Abid Hassain Minto and Syed Jamshed Ali for Appellant (in Appeal No. 324(R) of 1991 (New Appeal No. 255(L) of 1993). Abid Hussain Mi
Dr. FAZLULLAH PECHUHO
VS
FEDERATION OF PAKISTAN, CABINET SECRETARIAT, ESTABLISHMENT DIVISION and 2 others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-------S. 4---Appeal---Maintainability---Civil servants after clearing Central Superior Services Competitive Examination, were allocated to groups of services which were not of their choice---Civil servants made representation against such allocation which war accepted and they were allocated to groups of services of their choice, but later on that allocation was recalled/rescinded by Authority and employees were again re-allocated to groups of services originally assigned to them---Employees challenged such re-allocation by filing Constitutional petition which was admitted and order of re-allocation was suspended by High Court---Constitutional petition was finally heard and was dismissed by High Court on ground of jurisdiction and petition filed by civil servants against decision of High Court before Supreme Court was also dismissed---Civil servants after dismissal of Constitutional petition filed appeals before Tribunal which were objected to by Authority contending that civil servants having wasted sufficient time in pursuing their remedy in wrong forum, their appeals before Tribunal were barred by limitation---Submission of civil servants to that objection was that when they approached High Court, not only their petitions were admitted for hearing, but they were granted interim relief and order of reallocation was suspended by High Court---Civil servants claimed that period spent in seeking remedy before High Court, was not deliberate and wilful, but was due to confusion and certain doubtsâ-žwhich was condonable---Contention of civil servants was accepted as correct because where there was a confusion regarding question of jurisdiction, time spent in prosecuting matter before wrong forum in good faith, deserved to be condoned---Appeals before Tribunal were maintainable, in circumstances. Sarfraz Khan v. WAPDA and others 1991 PLC (C.S.) 9 and Mahboob Khan and 242 others v. Government of Pakistan 1991 PLC (C.S.) 415 ref. (b) Civil service--- ---- General Clauses Act (X of 1897), S.21---Locus poenitentiae---Availability--Appointment---Civil servants after clearing their competitive examination held by Federal Public…
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