NATIONAL REFINERY LIMITED vs Syed NIAZ AHMED S — 2022 PLC(CS) 197 KARACHI-HIGH-COURT-SINDH

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NATIONAL REFINERY LIMITED VS Syed NIAZ AHMED S.22---Right of appeal or representation---Limitation---Scope---Appellants impugned judgment passed by Single Judge of High Court passed in a suit whereby pension claim of respondent was decreed---Contention of appellants was that the departmental representation itself was barred by time hence the appeal before Service Tribunal ought to have been dismissed on that count---Validity---In terms of S.4 of Service Tribunals Act, 1973, party aggrieved of a final order of departmental authority could prefer an appeal to the Service Tribunal within 30 days of the communication of such order---Appeal of respondent to the Service Tribunal was within time---Said appeal was abated on announcement of the judgment of Supreme Court in Muhammad Mubeen-us-Salam v. Federation of Pakistan [PLD 2006 SC 602] and then the respondent had filed a suit---Suit was filed soon after the appeal had abated---Appellants were unable to point out any provision or rule which prescribed the limitation for the respondent's departmental representation---It was not the case of the appellants that there was an 'order' of the department within the meaning of S.22 of the Civil Servants Act, 1973, against which the respondent could have filed a departmental appeal within 30 days---Once it was declared in Muhammad Mubeen-us-Salam v. Federation of Pakistan [PLD 2006 SC 602] that persons such as the respondent were not civil servants and their remedy was not before the Service Tribunal, then any period of limitation prescribed in the Civil Servants Act, 1973, or in the Service Tribunals Act, 1973, was not attracted---No interference in the impugned judgment was required, as such, the appeal was dismissed.

NATIONAL REFINERY LIMITED vs Syed NIAZ AHMED S — 2022 PLC(CS) 197 KARACHI-HIGH-COURT-SINDH

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