PROCEDURE TO FILE APPEAL IN PUNJAB SERVICE TRIBUNAL (PST)
The civil servants aggrieved by any order concerning terms and conditions of their services may present their appeals to the Registrar.
Appeals may be sent to the Registrar by Registered Post or presented to him during office hours either by the appellant personally or through his Advocate.
Appeals presented to or received by any Member of the Tribunal shall be deemed to be properly presented or received under the rule (Rules 6 Service Tribunals (Procedures) Rules 1974).
- Every memorandum of appeal shall
(a) be legibly, correctly and concisely written, type-written or printed;
(b)be divided into paragraphs, numbered consecutively, each paragraph containing, as nearly as may be, a separate assertion or averment;
(c). contain the full name, official designation and place of posting of each party;
(d). clearly set out the relief claimed;
(e). be accompanied by –
a copy of final order, whether original or appellate, and any other order of competent authority in respect of any of the terms and conditions of Service of the appellant against which the appeal is preferred; and
(ii) copies of rules, orders and other documents on which the appellant proposes to rely in support of his claim;
f). be signed or thumb impressed by the appellant; and
g). be accompanied by three copies of the memorandum of appeal and as many other copies thereof, duly signed or thumb-impressed by the appellant and accompanied by the documents referred to in clause
(e). as there are respondents: Provided that where a Tribunal is satisfied that it is not possible for any appellant to produce any document referred to in clause
(e) it may waive the provisions of the clause.
- In every memorandum of appeal, the competent authority against whose order the appeal is preferred and any other party to the dispute shall be shown as respondent.
- When an appeal is presented after the period of limitation prescribed in the Act, it shall be accompanied by a petition supported by an affidavit setting forth the cause of delay.
- No court-fee shall be payable for preferring an appeal to, or filing, excluding or recording any documents with a Tribunal.
- (1) The Registrar shall scrutinize every memorandum of appeal received by him, and shall –
i). if it is drawn up in accordance with the provisions of rule 6, cause it to be registered in the register of appeals,
to be maintained in form appended to these rules and shall, with the approval of the Chairman, fix a date for its preliminary hearing before the Tribunal: and
ii). If it is not drawn up in accordance with the provisions of Rule 6, return it to the appellant for amendment,
within a time to be specified in an order to be recorded by him on the memorandum of appeal, which shall in no case be less than fourteen days, pointing out the deficiency.
(2) If the memorandum of appeal is not resubmitted within the period specified under clause (ii) of sub-rule (1), the appeal shall stand dismissed.
- (1) A Tribunal may, after hearing the appellant or his advocate dismiss the appeal in limine.
If the appeal is not dismissed in limine, notice of admission of appeal and of the day fixed for its hearing shall, subject to the provisions of sub-rule
(3), be served on the appellant, the respondents and on such other persons as the Tribunal may deem proper.
The appellant shall, within One week of the receipt of the notice of admission of his appeal, or within such extended period as may be allowed by the Registrar,
deposit with the Registrar: –
Cash Security for costs in the sum of Rs.100; and
Cost of Service of notice on the respondents.
- (1) A respondent on whom a notice of appeal has been served under rule 12, may send his objections to the appeal by registered post acknowledgement due to the Registrar so as to reach him.
Or deliver the same to the Registrar either personally or through his advocate not later than seven days before the date specified in the notice for hearing of the appeal or within such extended period as may be allowed by the Registrar.
The Tribunal may after hearing the parties or their Advocates confirm, set aside, vary or modify the order appealed against (section 5).
APPEALS TO SUPREME COURT OF PAKISTAN
In case any party to the appeal is not satisfied with the order of the Tribunal, it may file appeal before the Supreme Court of Pakistan within 60 days of the date of communication of the said order/ Judgement.
DAILY CAUSE LIST
A daily Cause List containing a list of cases fixed for hearing on a particular date is prepared in the order of date of admission under the orders of the Chairman and affixed on the Notice Board in front of Court Room of the Tribunal.
Notices of the day fixed for hearing are issued to all the respective Appellants, the Respondents and such other persons as the Tribunal may deem proper by registered post.
SUPPLY OF COPIES
A copy of judgement/ order passed by the Tribunal is sent to the parties concerned free of cost by registered post.
Any party to the proceedings/ Advocate may obtain copies on payment of usual copying fee.
Compiled By : Sardar Allah Nawaz Khosa Advocate