Case Details

Citation(s)
2001 SLG 2025 2001 SLD 2025 2001 PLC 1158
Federal Service Tribunal, Islamabad
Appeal No.327-R of 1998, decision dated: 30-11-1998.
MUHAMMAD AYUB KHAN AND SYED MUHAMMAD ZAFAR BABAR, MEMBERS

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MUHAMMAD RASHID

VS

THE SECRETARY, ESTABLISHMENT DIVISION and another

Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan, 1973, Art.212---Limitation Act (IX of 1908), S. 14---Appeal---Limitation---Candidature of appellant having been rejected due to lack of required experience, appellant instead of filing appeal before Service Tribunal for redress of his grievance, filed Constitutional petition before High Court and agitated the matter 'up to the Supreme Court---Matter being purely related to terms and conditions of service, appellant should have straightaway sought all his legal remedies from Service Tribunal but he filed appeal after more than one year before Service Tribunal---Effect---Litigation undergone before incompetent forums, would not create any justification for condonation of delay---Law would take its own course and time and tide wait for none---Delay would defeat equity and limitation once started could not be stopped---Appeal filed by appellant being time-barred, was dismissed, in circumstances. PLD 1983 SC 385; 1975 SCMR 259; 1985 SCMR 333; 1985 SCMR 890; 1991 SCMR 1841 and 1997 SCMR 1167 ref. Appellant in person. Javaid Aziz Sandhu, Standing Counsel for Respondents. Date of hearing: 17th November, 1998. JUDGMENT MUHAMMAD AYUB KHAN (MEMBER) ---Arguments have been heard and record perused. 2. Facts- of the case as appear from the record, are that the Federal Public Service Commission, hereinafter referred to as the FPSC, pursuant to the decision/direction of the Federal Government regarding holding of Section Officers Promotional Examination for appointment of thirty (30) Section Officers on acting charge basis with effect from 9th October, 1996, at Islamabad, Lahore, Karachi, Peshawar and Quetta centres advertised the same in the daily Jang on 2-8-1996. The requirements of the, Government servants regarding eligibility for the examination were: "(i) All Civil Servants working in the Federal Secretariat in BPS-11 to BPS-16; or . (ii) All employees in BPS-11 to 16 working in Attached Departments, who have been declared as such in terms of Schedule-III of Rules of Business, 1973. " This advertisement, as already stated, was published in the daily "Jung" Rawalpindi, on 2-8-1996, (copy available…
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