Case Details

Citation(s)
2004 SLG 1557 2004 SLD 1557 2004 PLC 646
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal No. 600-K and 601-K of 2002 decided on 19-07-2002. (On appeal from judgment, dated 17-5-2002, passed by the Federal Service Tribunal, Islamabad in Appeals Nos. 646, 647, 649, 749 and 750 (K)(CE) of 2000).
SYED DEEDAR HUSSAIN SHAH AND HAMID ALI MIRZA, JJ

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MEHRULLAH and another

VS

MANAGING DIECTOR, SUI SOUTHERN AS CO. LIMITED, KARACHI

Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973---------R. 4(1)(b)(iv)---Service Tribunals Act (LXX of 1973), S. 4--­Constitution of Pakistan (1973), Art. 212(3)---Termination of service--­Appointment of civil servant was temporary in nature---Appeal before Service Tribunal with delay of 453 days---No explanation in application for condonation of such delay---Service Tribunal dismissed appeal as hopelessly time-barred---Validity---No illegality, irregularity, misreading or non-reading of material was available on record---No question of general public importance was involved---Supreme Court dismissed petition and refused leave to appeal. Muhammad Muzaffarul Haq, Advocate Supreme Court for Petitioners. Nemo for Respondent. Date of hearing: 19th July, 2002. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Petitioners seek leave to appeal against a common judgment, dated 17-5-2002 of the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) passed in Appeals Nos. 646, 647, 649, 749 and 750(K)(CE) of 2000, whereby their appeals were dismissed being time-barred. 2. Brief facts of the case are that petitioners, namely, Mehrullah and Anwar Hussain were appointed as Trainee Engineers on 19-9-1995 and 27-9-1995, respectively, .on temporary basis for working on some new projects and further for temporary requirement, of the respondent ­Company. Subsequently, their temporary assignments were discontinued through letter, dated 10-3-1999. Petitioners being aggrieved with their termination order, preferred departmental appeals, but the same remained un responded. Thereafter, they filed the appeals before the Tribunal. The Tribunal, after hearing the parties and carefully scanning the record, dismissed their appeals as mentioned hereinabove. Hence, this petition. 3. Mr. Muhammad Muzaffarul Haque, learned counsel for the petitioners, inter alia, contended that the petitioner's services were terminated…
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