Case Details

Citation(s)
2000 SLG 735 2000 SLD 735 2000 SCMR 178 2000 SLD 1146 2000 SCMR 178
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.327 of 1998, heard on 2-07-1998.
SAIDUZZAMAN SIDDIQUI AND RAJA AFRASIAB KHAN, JJ

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MUMTAZ AHMED

VS

SPEAKER, NATIONAL ASSEMBLY and others

Law:

Section:

Service Tribunals Act (LXX of 1973)--S. 2-A---Constitution of Pakistan (1973), Art. 212(3)---Reversion of person working in National Assembly to the parent department---Validity---Contention of petitioner was that order reverting him to the department where he was previously employed was passed on 28-2-1997 which he came to know on 28-4-1997 which he challenged before High Court invoking its Constitutional jurisdiction; that before disposal of the Constitutional petition, petitioner had preferred a departmental appeal on 14-5-1997 and after waiting for the statutory period prescribed under S. 4, Service Tribunals Act, 1973 he filed appeal before the Service Tribunal which was within time; that the Service Tribunals Act, 1973 was amended in June, 1997 and S. 2-A was added to the Act as a result of which petitioner fell within the definition of civil servant and that after the amendment brought in the Service Tribunals Act, 1973 in June, 1997 his appeal before the Service Tribunal was within time and competent ----Supreme Court granted leave to appeal to examine the contentions of the petitioner. Shahid Iqbal v. Government of Pakistan 1995 SCMR 660 ref. Muhammad Munir Peiacha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 2nd July, 1998. ORDER SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of the learned Federal Service Tribunal, Islamabad, dated 2-2-1998. The learned Tribunal though upheld the contention of the appellant on merits but dismissed the appeal on the ground of limitation. 2. In seeking leave to appeal the learned counsel for the petitioner contended before us that the order reverting the…
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