Law: North West Frontier Province Service Tribunals Act, (I of 1974)

Section: 4

North-West Frontier Province Service Tribunals Act (I of 1974)---   ----S. 4---Appeal---Termination of service---Dismissal of departmental appeal for being barred by time---Effect---Utilization of departmental remedy was condition precedent towards maintainability of appeal before Service Tribunal---Where appeal before departmental authority was barred by time, then appeal before Tribunal would also be incompetent---Tribunal dismissed appeal as not maintainable.   Muhammad Aslam v. WAPDA and others 2007 SCMR 513; Muhammad Ramzan v. Inspector-General of Police 2007 SCMR 346; Chairman, Evacuee Trust Property Board and others v. Khawaja Shahid Nazir 2006 SCMR 1862; N.E.D. University of Engineering and Technology v. Syed Ashfaq Hussain Shah 2006 SCMR 453; S.M. Afzal¬-ur-Rehman v. Federation of Pakistan and others 2005 SCMR 1322 and The Chairman, PIAC and others v. Nasim Malik PLD 1990 SC 951 rel. JUDGMENT CH. EJAZ YOUSAF, J.-- All these four petitions are directed against a common order/judgment dated 6-7-2007 passed by the N.-W.F.P. Service Tribunal, Peshawar, whereby Appeals Nos.729 of 2006, 731 of 2006, 732 of 2006 and 733 of 2006 filed by the petitioners were dismissed. Since same question of law is involved, therefore, we purpose to decide all the four petitions through this common judgment. 2. Facts of each case, in brief, are as under:-- C.P.L.A. No.480-P of 2007 Petitioner in this case was appointed as untrained PTC teacher on 31-7-1999. Her services were terminated from the date of her appointment vide order dated 26-11-1999, on the ground of long absence from her duty. The petitioner filed departmental appeal on 19-5-2006 which was rejected vide order dated 22-7-2006. Being aggrieved she preferred .a appeal before the N.W.F.P. Service Tribunal, Peshawar, which was dismissed as not maintainable on the ground that representation before the department was barred by limitation. C.P.L.A. No.481-P of 2007 Petitioner in this case was appointed as untrained PTC teacher on 31-7-1999. Her services were terminated from the date of her appointment vide order dated 26-11-1999, on the ground of long absence from her duty. The petitioner filed departmental…

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