| Citation(s) |
|---|
| 1995 SLG 462 1995 SLD 462 1995 SCMR 4 |
Supreme Court of Pakistan
Civil Petition No. 604 of 1993, decision dated: 18-01-1994.On appeal from the judgment of Federal Service Tribunal, dated 19 9 1993, passed in Service Appeal 215 R/93
SAEEDUZZAMAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ
Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate on-Record. Nemo
Civil Petition No. 604 of 1993, decision dated: 18-01-1994.On appeal from the judgment of Federal Service Tribunal, dated 19 9 1993, passed in Service Appeal 215 R/93
SAEEDUZZAMAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ
Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate on-Record. Nemo
MUHAMMAD AZAM MIRZA
VS
PAKISTAN TELECOMMUNICATION CORPORATION through Chairman, Islamabad and others
Law:
Section:
Constitution of Pakistan (1973) Art. 212(3) Service Tribunals Act (LXX of 1973), S: 4 Method of recruitment Validity Service Tribunal dismissed civil servant's appeal against method of recruitment for the reason that his departmental representation/appeal was beyond time Service Tribunal's such decision did not suffer from any infirmity Supreme Court having agreed with the conclusion of Service Tribunal that appeal filed by civil servant was not maintainable, examination of other contentions raised by him was not necessary Leave to appeal was refused in circumstances. S.S. Qureshi and others v. Foreign Secretary 1985 SCMIZ 1953 and Chairman, PIAC v. Nasim Malik 1990 SCMR 951 rel. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J. The petitioner has sought leave to appeal against the judgment of Federal Service Tribunal, dated 19 9 1993, whereby the Service Appeal filed by the petitioner was dismissed both on the ground that the departmental representation/appeal filed before the departmental authority was beyond time and as such his appeal before the Tribunal was incompetent, as well as on the ground that the change introduced by the respondent (Pakistan Telecommunication Corporation/P.T.C.) in the recruitment rules by fixing quota of direct recruitment and the departmental promotees in the ratio 75 per cent. and 25 per cent. respectively did not contravene any of the provisions of law. It is an admitted position in the case that the grievance arose to the petitioner against the method of recruitment notified by the respondent (P.T.C.) on 24 11 1992. The departmental representation/appeal against the aforesaid method of recruitment was preferred by the petitioner on 29 3 1993 which was clearly beyond the period of limitation prescribed for filing departmental representation/appeal. The learned Tribunal, while dismissing the appeal as not maintainable before the Tribunal for the reason that the departmental representation/appeal of the petitioner was beyond time, observed as follows: "4. We have heard the learned counsel for theβ¦
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