1995 PLP 871 (SCMR)
MUHAMMAD YOUNIS KHAN‑‑‑Petitioner Versus SECRETARY, HEALTH DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others‑‑‑Respondents
| Citation | 1995 PLP 871 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | N/A |
| Parties | MUHAMMAD YOUNIS KHAN‑‑‑Petitioner Versus SECRETARY, HEALTH DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1995 PLP 871 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 871 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 871 (SCMR) (MUHAMMAD YOUNIS KHAN‑‑‑Petitioner Versus SECRETARY, HEALTH DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Fazal Ellahi Siddiqui, Advocate Supreme Court instructed by Ejaz Muhammad Khan, Advocate‑on‑Record (absent) for Petitioner.
- Nemo for Respondents.
- Date of hearing: 29th June, 1994.
Headnotes / Summary
(On appeal from the judgment dated 15‑1‑1994 passed by the Federal Service Tribunal; Islamabad in Appeal No.166(R)/1993). Civil Service‑‑‑ ‑‑‑‑ Constitution of Pakistan (1973), Art. 212(3)‑‑‑Service Tribunals Act (LXX of 1973), S. 4‑‑‑Appeal before Service Tribunal‑Departmental appeal against seniority list remained pending for disposal for a number of years and ultimately petitioner was notified dismissal of same‑‑‑Petitioner filing appeal within 30 days from decision of Departmental appeal which was dismissed for being time‑barred‑‑‑Validity‑‑‑Contention raised was that petitioner would have option to file appeal within 120 days if not responded to from the date of filing thereof, or could wait until appeal was decided by Departmental Authority and challenged the same within 30 days from the date of decision‑‑ Leave to appeal was granted to consider whether Service Tribunal had correctly maintained that appeal was barred by limitation and thus, not entertainable. Syed Firdos Ali v. Secretary Establishment 'Division Islamabad and 2 others in Civil Appeal 586 of 1992 ref.
Judgment & Decree
MANZOOR HUSSAIN SIAL, J: ‑‑Learned counsel for the petitioner contended that the impugned Revised Seniority. List adversely affecting the petitioner was issued on 26th December, 1985. The petitioner challenged the same through representation filed by him before the departmental authority on 23‑1‑1986 which remained pending disposal for a number of years until vide order dated 2‑5‑1993 it was notified to the petitioner having been rejected. The petitioner assailed that decision in appeal before the Service Tribunal on 31‑5‑1993 which was erroneously held by the Service Tribunal to be barred by limitation. Learned counsel for the petitioner further contended that it was not incumbent upon the petitioner to have filed the appeal before the Service Tribunal if the departmental authority did not dispose of the same within 120 days of filing the appeal. It was submitted that it was open to the petitioner that he could file appeal within 120 days if not responded to from the date of filing thereof, or could wait until the appeal was decided by the departmental authority and challenged the same within 30 days from the date of the decision. Learned counsel in support of his submission relied on the decision of this Court in Civil Appeal No. 586 of 1992 "Syed Firdos Ali v. Secretary Establishment Division, Islamabad and 2 others" decided on 30‑11‑1993.
2. Leave to appeal is granted under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973 to consider whether the Service Tribunal of in the impugned order dated 15‑1‑1994 had correctly held that the appeal filed by Muhammad Younas Khan was barred by limitation and thus not maintainable. A.A./M-2250/SC Leave granted.