Case Details

Citation(s)
2009 SLG 1362 2009 SLD 1362 2009 PLC 79
Supreme Court of Pakistan
Civil Petition No.242-L of 2005, decision dated: 16-07-2008.(On appeal from the judgment dated 1-12-2004 of the Punjab Service Tribunal Lahore passed in C.M.No.600 of 2004 in Appeal No.56 of 1991).
MIAN HAMID FAROOQ AND SHEIKH HAKIM ALI, JJ

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MUHAMMAD ASHFAQ

VS

MEMBER (REVENUE) BOARD OF REVENUE, PUNJAB; LAHORE and another MUHAMMAD ASHFAQ vs MEMBER (REVENUE) BOARD OF REVENUE, PUNJAB; LAHORE and another

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 4---Civil Servants Act (LXXI of 1973), S.2(b)---Constitution of Pakistan (1973), Art.212(3)---Appeal to Service Tribunal---Right of appeal has been given to a civil servant and there is no provision in Service Tribunals Act, 1973 to provide any remedy to his successors-in-­interest. Muhammad Nawaz, Special Secretary, Cabinet Division, through his Legal Heirs v. Ministry of Finance, Government of Pakistan, through its Secretary, Islamabad 1991 SCMR 1192 ref. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art.212(3)---Appeal to Service Tribunal---Limitation---Delay of 13 years---Condonation of---Incumbent upon a litigant to explain the delay of each and every day for not approaching the court of law within the prescribed period of limitation---Application filed by the petitioner, which otherwise, was not maintainable, being barred by 13 years, there was no sufficient cause to condone such delay---Service Tribunal, in circumstances, was right to refuse to condone the delay. (c) Service Tribunals Act (LXX of 1973)--- ----S. 4---Appeal to Service Tribunal---Appellant civil servant, died during pendency of his appeal, which had been filed against the order of his removal/dismissal from service---Service Tribunal was justified in law in passing the order of abatement of appeal in circumstances. Muhammad Nawaz, Special Secretary, Cabinet Division, through his Legal Heirs v. Ministry of Finance, Government of Pakistan, through its Secretary, Islamabad 1991 SCMR 1192 ref. (d) Constitution of Pakistan (1973)--- ----Art. 212(3)---Petition for leave to appeal---No substantial question of law of public importance within the parameters of law being involved in the case and no case for grant of leave having been made out, petition for leave to appeal was declined. Dr. Akmal Saleemi, Advocate Supreme Court for Petitioner. Mian Abbas Ahmad, Addl. A.-G. for Respondents. Date of hearing: 16th July, 2008. JUDGMENT MIAN HAMID FAROOQ, J.---Shahnaz Kausar, the petitioner, claiming to be the widow of Muhammad Ashfaq (deceased), through the present petition, under Article 212(3) of the Constitution…
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