Law:

Section:

Nemo for Respondents. (a) Sindh Civil Servants Act (XIV of 1973)--- ----Ss. 4 & 23---Sindh Civil Servants (Appeal) Rules, 1980, R.3---Limitation Act (IX of 1908), S.5---Jurisdiction of Service Tribunal---Right of appeal, enforcement of---Scope---Non-existence of final order, original or appellate---Effect---Limitation---Existence of an order for the purpose of preferring an appeal was sine qua non---At least one final order was necessary for filing of appeal---No particular form of the order was required under these proceedings---Order might be expressed or implied from which it could be inferred that the competent authority had declined the request of the civil servant---Appellant might file appeal before the appellate authority under the appeal rules and if the appeal was dismissed and order of the dismissal was communicated to the appellant or it remained undecided within the period of 90 days from the date of preferring the departmental appeal, the appellant might approach Service Tribunal for redressal---Appeal was disposed of being not maintainable. (b) Administration of justice--- ----Law and courts come to the aid of a person who is vigilant and not to the aid of person who is negligent or indolent. ORDER JUSTICE (R) MUJEEBULLAH SIDDIQUI, CHAIRMAN.--- Heard Mr. Ghulam Sarwar Chandio learned counsel for the appellant. The learned counsel has conceded that there is no final order, original or appellate, as required under section 4 of the Sindh Civil Servants Act, 1973. The learned counsel for the appellant has stated that the appellant was awarded major penalty of dismissal from service and the said order was set-aside by this Tribunal vide judgment dated 18.06.2007 in Appeal No.107/2005. Although, no notification of reinstatement of appellant in service has been produced but the learned counsel has stated that immediately after the judgment of the Tribunal appellant was reinstated. There is a notification dated 02.09.2009 whereby the leave was granted for the period from 17.11.2000 to 26.06.2006 on half pay and thereafter from 27.06.2006 to 18.06.2007 as extra-ordinary leave without pay. Thereafter, in the year 2010 the appellant claimed arrears for…

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