Case Details

Citation(s)
2008 SLG 2066 2008 SLD 2066 2008 PLC 311
Supreme Court of Pakistan
Civil Petition No.1506-L of 2001, decision dated: 24-10-2005. (On appeal from judgment, dated 20-3-2001 of the Federal Service Tribunal, Lahore in Appeal No.1615-L of 1998).
FAQIR MUHAMMAD KHOKHAR AND KARAMAT NAZIR BHANDARI, JJ

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MUHAMMAD SHARIF SINDHU

VS

HABIB BANK LTD. through President and others MUHAMMAD SHARIF SINDHU vs HABIB BANK LTD. through President and others

Law:

Section:

Constitution of Pakistan (1973)-------Art. 212(3)---Retirement under the Voluntary Golden Handshake Scheme---Petitioner, who exercised his option for retirement under the scheme, subsequently made an application for withdrawal of said option, but competent authority accepted the option already exercised by the petitioner---Departmental appeal filed 'by petitioner having remained undecided, petitioner made a complaint before Federal Ombudsman, which was also dismissed---Petitioner then filed appeal before the Service Tribunal, which was dismissed by the impugned order as barred by time---Validity---Petitioner was required to file his appeal before the Service Tribunal within a period of 120 days after he had filed his departmental appeal, which remained undecided---Appeal filed, by petitioner before the Tribunal beyond prescribed period of 120 days, was rightly dismissed by the Tribunal being barred by time. Haji Kadir Bux v. Province of Sindh and another 1982 SCMR 582 and Shafaat Ahmad and others v. Government of Punjab and 2 others 1986 SCMR 30 ref. Malik Amjad Pervaiz, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioner. Mian Abdur Rashid, Advocate Supreme Court for Respondent No.1. Date of hearing: 24th October, 2005. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks leave to appeal from judgment, dated 11-4-2001, passed by the Federal Service Tribunal, Lahore (hereinafter referred to as the Tribunal), in Appeal No.1615(L) of 1998. 2. The petitioner was a Grade-II Officer in the Habib Bank Limited. He exercised his option for retirement under the Voluntary Golden Handshake Scheme. Subsequently, he made an application for withdrawal of said option which was recommended by the Zonal Chief, by letter, dated 27-9-1997. However, on 23-10-1997, the Competent Authority of the Bank accepted the option already exercised by the petitioner. He filed an appeal on 1-12-1997 before the President of the Bank…
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