Law: Azad Jammu and Kashmir Service Tribunal Act, 1975

Section: 4

Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975)----- S.4---Appeal to Service Tribunal---Limitation---Seniority, determination of---Employee filed appeal against the notification of her seniority which was dismissed being time-barred---Contention of employee was that she filed appeal to Tribunal after gaining knowledge of impugned notification which was within time---Validity---Employee had filed appeal after a period of nine months from publication of impugned notification in the official gazette---Fact which had not been raised before the lower forum could not be allowed to be raised before Supreme Court for the first time---Employee had not mentioned any exact date or source of knowledge of impugned notification in her appeal to Tribunal---Any order published in the official gazette was to be deemed communicated to everybody---Where rules or law required any order to be communicated personally then such order was to be deemed to be communicated on personal service---Where Rules or law required any order to be published in official gazette then such order was to be deemed to be communicated on the date of its publication---Employee was bound to explain delay of each and every day to the satisfaction of Court but she had failed to justify delay of six months occurred in filing of appeal to the Service Tribunal---Service Tribunal had committed no illegality while passing the impugned ---Appeal was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IBRAHIM ZIA, CHIEF JUSTICE:---.--- The captioned appeal by leave of the Court has been directed against the judgment dated 24.11.2018 passed by the Azad Jammu and Kashmir Service Tribunal wherein the appeal filed by the appellant, herein, has been dismissed. 2. The precise facts forming the background of this appeal are that the contesting parties are serving as Lady Extension Officers, B-16. Their seniority was determined through notification dated 06.02.2014 wherein the appellant, herein, was placed at serial No. 3. Feeling aggrieved, the appellant challenged the impugned notification by filing an appeal before the Service Tribunal on 17.11.2014 on numerous grounds. It was alleged that…

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