1992 PLP (C (PLC(CS))
Ch. GHULAM NABI Versus AZAD JAMMU AND KASHMIR GOVERNMENT through
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court (Azad J&K) |
| Bench Members | Sardar Said Muhammad Khan, C.J. and Basharat Ahmad Shaikh, J |
| Parties | Ch. GHULAM NABI Versus AZAD JAMMU AND KASHMIR GOVERNMENT through |
| Primary Law | (d) Azad Jammu and Kashmir Service Tribunal (Procedure) Rules, (b) Limitation Act (IX of 1908), (a) Azad Jammu and Kashmir Service Tribunals Act, 1975 |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (d) Azad Jammu and Kashmir Service Tribunal (Procedure) Rules, (b) Limitation Act (IX of 1908), (a) Azad Jammu and Kashmir Service Tribunals Act, 1975, (c) Azad Jammu and Kashmir Service Tribunals Act 1975 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court (Azad J&K) bench comprising: Sardar Said Muhammad Khan, C.J. and Basharat Ahmad Shaikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Ch. GHULAM NABI Versus AZAD JAMMU AND KASHMIR GOVERNMENT through). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Rafique Mahmood Khan for Appellant.
- Kh. Abdul Samad for Respondents.
- Date of hearing: 11th January, 1992.
Headnotes / Summary
(On appeal from the judgment of the Service Tribunal dated 15-1-1991, in Service Appeal No. 369 of 1987).
S. 4
Before filing appeal in the Service Tribunal, Civil servant filed a review petition with the Government
Period of sixty days was allowed for filing of a review petition
Period allowed for filing of an appeal with Service Tribunal at the relevant time was 180 days (one hundred and eighty days) to be calculated by adding up the period of sixty days allowed for filing review application; thirty days period allowed for filing of appeal under S. 4, Azad Jammu and Kashmir Service Tribunals Act, 1975; and the waiting period of ninety days which had to elapse before filing of appeal--Civil Servant having taken 181 days (one hundred and eighty-one) to file appeal before Service Tribunal, his appeal was barred by one day
Such appeal being time-barred and there being no application for condonation of delay, was rightly dismissed. Kh. Abdul Khaliq v. Azad Government PLD 1984 SC 9 rel.
S. 12
Computing period of limitation
Under S. 12, Limitation Act 1908, the date on which judgment was pronounced was to be excluded, but it is nowhere provided that the day on which the appeal was filed was also to be excluded.
S. 6 (4) & Second Sched. Para 1
Memorandum of appeal was to be accompanied by a copy of the order against which appeal was filed
Order under appeal having not been filed till the specified date in the Service Tribunal, appeal would be deemed to have been filed only on that date i.e. specified date, far beyond the period of limitation, which would make the appeal as time barred.
R. 7
Appeal before Service Tribunal to be accompanied by a copy of the order against which appeal was filed
No such copy having been filed with the memorandum of appeal, same would be deemed to be time-barred appeal warranting dismissal.
Judgment & Decree
S. 4
Before filing appeal in the Service Tribunal, Civil servant filed a review petition with the Government
Period of sixty days was allowed for filing of a review petition
Period allowed for filing of an appeal with Service Tribunal at the relevant time was 180 days (one hundred and eighty days) to be calculated by adding up the period of sixty days allowed for filing review application; thirty days period allowed for filing of appeal under S. 4, Azad Jammu and Kashmir Service Tribunals Act, 1975; and the waiting period of ninety days which had to elapse before filing of appeal--Civil Servant having taken 181 days (one hundred and eighty-one) to file appeal before Service Tribunal, his appeal was barred by one day
Such appeal being time-barred and there being no application for condonation of delay, was rightly dismissed. Kh. Abdul Khaliq v. Azad Government PLD 1984 SC 9 rel. (b) Limitation Act (IX of 1908)
S. 12
Computing period of limitation
Under S. 12, Limitation Act 1908, the date on which judgment was pronounced was to be excluded, but it is nowhere provided that the day on which the appeal was filed was also to be excluded. (c) Azad Jammu and Kashmir Service Tribunals Act 1975
S. 6 (4) & Second Sched. Para 1
Memorandum of appeal was to be accompanied by a copy of the order against which appeal was filed
Order under appeal having not been filed till the specified date in the Service Tribunal, appeal would be deemed to have been filed only on that date i.e. specified date, far beyond the period of limitation, which would make the appeal as time barred. (d) Azad Jammu and Kashmir Service Tribunal (Procedure) Rules
R. 7
Appeal before Service Tribunal to be accompanied by a copy of the order against which appeal was filed
No such copy having been filed with the memorandum of appeal, same would be deemed to be time-barred appeal warranting dismissal. Sardar Rafique Mahmood Khan for Appellant. Kh. Abdul Samad for Respondents. Date of hearing: 11th January, 1992.