| Citation(s) |
|---|
| 2002 SLG 1423 2002 SLD 1423 2002 SCMR 1383 |
Supreme Court of Pakistan
Civil Appeal No. 1213 of 1995, decision dated: 30-05-2001. (On appeal from the judgment dated 5-6-1995 passed by the Federal Service Tribunal, Islamabad in Appeal No. 14(R) of 1995)
MUHAMMAD BASHIR, JEHANGIRI, ACTG. C.J., CH. MUHAMMAD ARIF AND MIAN MUHAMMAD AJMAL, JJ
Fazal Ellahi Siddiqui, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record (absent) for Appellant M. Nawaz Bhatti, Deputy Attorney General with Raja Abdul Ghafoor, Advocate-on-Record for
Respondents. Nemo for
Respondents
Civil Appeal No. 1213 of 1995, decision dated: 30-05-2001. (On appeal from the judgment dated 5-6-1995 passed by the Federal Service Tribunal, Islamabad in Appeal No. 14(R) of 1995)
MUHAMMAD BASHIR, JEHANGIRI, ACTG. C.J., CH. MUHAMMAD ARIF AND MIAN MUHAMMAD AJMAL, JJ
Fazal Ellahi Siddiqui, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record (absent) for Appellant M. Nawaz Bhatti, Deputy Attorney General with Raja Abdul Ghafoor, Advocate-on-Record for
Respondents. Nemo for
Respondents
MUHAMMAD ASLAM JAVED
VS
GOVERNMENT OF PAKISTAN through Secretary, Establishment Division, Islamabad and 6 others
Law:
Section:
Service Tribunals Act (LXX of 1973)--- ----S.4---Civil Servants Act (LXXI of 1973), S.8---Constitution of Pakistan (1973), Art.212(3)---Appeal--- Limitation---Civil servant on 3-2-1990 represented against provisional seniority list dated 21-1-1990, but Authority upheld said list through order dated 30-11-1994---Civil servant on coming to know of said decision applied for its copy, which was supplied to him on 27-2-1995, where after he , tiled appeal before Service Tribunal on 27-3-1995, but same was dismissed as being time-barred---Validity---Case of authority was not that either civil servant had not represented against provisional seniority list or appellate order, dated 30-11-1994 had been conveyed/supplied to him earlier than 27-2-1995 or he had not filed appeal before Tribunal on 27-3-1995 i.e. within 30 days of the supply of copy of appellate order dated 30-11-1994 rejecting his representation on 27-2-1994 against provisional seniority list dated 21-1-1990, went a long way in establishing his bona tides in making appeal against appellate order within 30 days of receipt of its copy on 27-3-1995---Supreme Court accepted the appeal, set aside the impugned and remanded the case to Service Tribunal for decision on issues other than limitation. Syed Firdos Ali v. Secretary, Establishment Division, Islamabad and 2 others 1997 SCMR 1160 rel. Muhammad Arshad Saeed, D.I.-G. Police Government of Pakistan through Secretary, Establishment Division, Islamabad and 29 others 1994 SCMR 1033 ref. JUDGMENT CH. MUHAMMAD ARIF, J.---The relevant facts as also the question of law giving rise to this Appeal with the leave of the Court stand mentioned in leave, granting order, dated 15-11-1995 against judgment dated 5-6-1995 of the Federal Service Tribunal, hereinafter referred to as the Tribunal, paras. 2 and 3 whereof read thus:-- "2. It is stated by the learned counsel that the petitioner, an Assistant in the office of Protector of Emigrants felt aggrieved of the provisional seniority list dated 21-1-1990 wherein he was shown junior to the respondents. He represented against it on 3-2-1990, This was followed by several reminders/applications but no response was given by the…
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