Computation of Limitation for Appeals in Service Matters

In Civil Petition for Leave to Appeal No. 2753-L of 2023, the Supreme Court of Pakistan examined whether the petition filed by the Government of Punjab was within the limitation period prescribed for filing appeals under Article 212(3) of the Constitution (2024 SCP 335). The Court ruled that the petition was barred by time as the period for filing an appeal is computed from the date the judgment is announced, not from the date the judgment is received by the concerned authority. The Court dismissed the petition for condonation of delay, holding that the Department had failed to apply for a certified copy of the judgment in a timely manner.

Background:

The Punjab Service Tribunal delivered its judgment on 27th March 2023 in favor of the respondent, Dr. Muhammad Shahid Hussain, who had filed a service appeal. The Government of Punjab received the copy of the judgment on 19th July 2023 and filed its petition for leave to appeal before the Supreme Court on 1st September 2023. The Additional Advocate General argued that the delay should be excused due to the time taken to receive the judgment from the Tribunal.

Key Issues:

Computation of Limitation Period Under Section 12 of the Limitation Act, 1908: Whether the time taken by the Tribunal to send the judgment to the Department can be excluded from the computation of the limitation period for filing the petition.

Relevance of Rule 21 of the Punjab Service Tribunal (Procedure) Rules, 1975: Whether the Tribunal’s obligation to send a copy of the judgment to the competent authority affects the limitation period for filing appeals.

Application of Limitation Rules in Service Matters: Whether the provisions of the Limitation Act, 1908, regarding the exclusion of time for obtaining a certified copy of the judgment apply to petitions filed under Article 212(3) of the Constitution.

Court's Analysis:

Computation of Limitation Period: The Court held that the period of limitation for filing an appeal is computed from the date when the judgment is announced in the presence of the parties, not from the date when the judgment is received by the relevant authority. Section 12 of the Limitation Act, 1908, permits the exclusion of time taken to obtain a certified copy of the judgment, but it does not allow for the exclusion of the time taken by the Tribunal to send the judgment.

Application of Rule 21 of the Punjab Service Tribunal Rules: The Court clarified that Rule 21 of the Punjab Service Tribunal (Procedure) Rules, 1975, which requires the Tribunal to send a copy of the judgment to the competent authority, does not affect the computation of the limitation period. This rule cannot override the provisions of the Limitation Act or create uncertainty about the rights of the parties.

Delay in Filing the Petition: The Court found that the Department applied for a certified copy of the judgment only on 25th August 2023, five months after the judgment was announced. Since the petition for leave to appeal was filed after the permissible 60-day period, it was deemed barred by time. The Court rejected the argument for condonation of delay, concluding that the delay was attributable to the Department's inaction.

Court's Conclusion: The Supreme Court dismissed the petition for condonation of delay, ruling that the Department had failed to file the petition within the prescribed time. The main petition was also dismissed for being time-barred.

Contact Us:

For expert legal advice on limitation periods, appeals in service matters, and the application of the Limitation Act, contact AUJ LAWYERS LLP. Our experienced team provides strategic guidance on time-sensitive legal disputes and ensures compliance with procedural rules in appellate matters.

We are here to help

Talk to our lawyers today. We tailor our services around your legal needs so that we can reach the desired outcome together.