1991 PLP (C (PLC(CS))

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22. Right of appeal or representation.-- (1) Where a right to prefer an appeal or apply for review in respect of any order relating to the terms and conditions of his service is provided to a civil servant under any rules applicable to him, such appeal or application shall, except as may be otherwise prescribed be made within thirty days of the date of such order .................................. The relevant section in the Service Tribunals Act, 1973, provides as under:- "

4. Appeals to Tribunals.--(1) Any civil servant aggrieved by any final order whether original or appellate, made by a departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communication of such order to him (or within six months of the establishment of the appropriate Tribunal, whichever is later, prefer an appeal to the Tribunal.) .. Reading the above two provisions together we are left with no doubt in our minds that the law provides for the filing of only one appeal to this Tribunal against a final departmental order be it original or appellate. The words used in both the provisions, reproduced above, are "an appeal" and not "appeals". In the well-known case of Kadir Bux v. Province of Sindh and another reported as 1982 SCMR 582 the Honourable Supreme Court of Pakistan has observed as follows:- "

4. A reading of section 4 of the Sindh Service Tribunals Act shows that the civil servant against whom an adverse order has been passed can file an appeal against it directly before the Service Tribunal, provided the order in question is a final order, whether original or appellate. 5. ......................................................

6. When a civil servant has filed an appeal, review or representation before a departmental authority, as required by the above-mentioned proviso, he has two choices before him:-- (1) he can either wait for such authority to pass the final order on his appeal, review or representation, no matter how long it takes. He can then file an appeal against the final order before the Service Tribunal within a period of 30 days, as provided by the main portion of section 4, or (2) after the passage of 90 days, if the departmental authority has not yet passed the final order on his appeal or review, etc. he can file an appeal directly against the earlier order of the departmental authority, before the Service Tribunal.

7. The main portion of section 4 of the Sindh Civil Servants Act clearly allows the civil servant a period of 30 days to file an appeal against the final order after the right of filing of appeal accrues to him i.e., after the order in question has been communicated to him. Similarly where a civil servant has filed an appeal or review etc. to a departmental authority and, exercising the first option of the above-mentioned two options, awaits the passing of the final order by it, he would again have the right to file the appeal to the Service Tribunal within 30 days of the communication to him of such an order, under the provisions of the main portion of section 4." From a plain reading of the above sections and the extracts from the judgment of the Honourable Supreme Court it is abundantly clear that the law on the point provides for the filing of only one appeal before this Tribunal against the order with which a civil servant is aggrieved. He has, however, two options. He can either wait for the final order on his departmental appeal or if the departmental authority has not passed the final order on his appeal, he can file an appeal within 30 days of the expiry of the statutory waiting period of 90 days. A civil servant has the right to choose one of the two options. The law does not give him the right to exercise both. In the instant case, the appellant did exercise the second option and came to this Tribunal when his departmental representation remained unresponded to for 90 days. That appeal was found by this Tribunal to be barred by time. Having done that, the appellant cannot under the law, come again to this Tribunal by way of second appeal against the same cause of action. In that view of the matter, the appeal now before us is clearly not maintainable. Since this appeal has been found to be not maintainable in law the question regarding limitation ceases to be relevant.

5. For the foregoing reasons, the appeal is dismissed as not maintainable in law.

6. No order as to costs.

7. Parties to be informed accordingly. M.Y.H./559/Sr.F Appeal dismissed.