Legal Case Summary

Case Details
Case ID d892d1b2-de08-49a4-8f94-feda760238e7
Body View case body.
Case Number Civil Petitions Nos.565-K to 569-K and 828-K of 20
Decision Date May 13, 2005
Hearing Date
Decision The Supreme Court of Pakistan found that the Service Tribunal's dismissal of the petitioners' appeals on the grounds of being time-barred was not sustainable. The appeals were filed within 30 days of receiving communication that their departmental appeals had been rejected. Therefore, the Court converted the petitions into appeals, allowed them, set aside the impugned orders of the Tribunal, and remanded the appeals for a decision on merits after hearing the parties involved.
Summary In the case of Civil Petitions Nos.565-K to 569-K and 828-K of 2003, the Supreme Court of Pakistan addressed the issue of appeal limitations under the Service Tribunals Act, 1973 and the Constitution of Pakistan. The core of the case revolved around the dismissal of appeals by the Service Tribunal due to being deemed time-barred. The petitioners contended that their departmental appeals were not responded to in a timely manner, leading to confusion regarding the proper filing of their appeals. The Court ruled that the petitioners acted within the appropriate timeframe upon receiving communication about the rejection of their departmental appeals. This case highlights the importance of timely communication in administrative law and the rights of employees to seek redressal through service tribunals. The ruling emphasizes that procedural limitations should not infringe upon the substantive rights of individuals to appeal decisions that affect their employment. Key terms include 'Service Tribunals', 'Constitutional Rights', 'Administrative Law', and 'Appeal Procedures', which are vital for understanding the legal context and implications of this ruling.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges HAMID ALI MIRZA, M. JAVED BUTTAR, NASIR-UL-MULK
Lawyers Not available
Petitioners Not available
Respondents Not available
Citations 2009 SLD 3146, 2009 PLC 114
Other Citations Not available
Laws Involved Service Tribunals Act, 1973, Constitution of Pakistan, 1973
Sections 4, 212(3)