| Case ID |
0b859691-1f51-4a1e-b495-235b590f49ab |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 307-R of 19 |
| Decision Date |
Nov 05, 1986 |
| Hearing Date |
Nov 05, 1986 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal on the grounds that the appeal was time-barred. The petitioner, Sher Muhammad Mir, had retired in 1953 and sought restoration of his full pension from 1963 onwards. His appeal to the Service Tribunal was dismissed as it was filed after the limitation period. The court noted that the time spent by the petitioner in making representations to higher authorities could not be excluded from the limitation period. Furthermore, the Tribunal made remarks on the merits of the case which were not warranted given the dismissal on procedural grounds. The court clarified that these remarks should not impede the petitioner if he decides to make any fresh representation in the future. |
| Summary |
The case of Sher Muhammad Mir vs. Islamic Republic of Pakistan revolves around the nuances of procedural limitations in appeals concerning pension benefits. The Supreme Court of Pakistan ruled on the importance of adhering to statutory time limits as outlined in the Constitution and the Service Tribunals Act. The petitioner, having retired long ago, sought to have his pension restored but faced dismissal due to the late filing of his appeal. The Supreme Court's decision underlines the critical nature of understanding legal timelines and the implications of making representations to authorities without formal appeals. This case serves as a vital reminder for individuals navigating pension-related grievances to be mindful of procedural requirements to ensure their appeals are not barred by time constraints. The ruling also indicates the potential ramifications of remarks made on the merits of a case when the dismissal is based solely on procedural grounds, providing clarity for future cases. Keywords for SEO optimization include 'Supreme Court pension appeal', 'time-barred appeals', 'Service Tribunals Act', 'Constitution of Pakistan', and 'legal representation in pension cases'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
Muhammad Afzal Zullah,
Mian Burhanuddin Khan
|
| Lawyers |
|
| Petitioners |
Sher Muhammad Mir
|
| Respondents |
Islamic Republic of Pakistan
|
| Citations |
1987 SLD 1461 = 1987 SCMR 92
|
| Other Citations |
Shafaat Ahmad v. Government of Punjab 1986 SCMR 30
|
| Laws Involved |
Constitution of Pakistan, 1973,
Service Tribunals Act, 1973
|
| Sections |
212(3),
4
|