Case Details

Citation(s)
1977 SLG 1560 1977 SLD 1560 1977 PLC 159
Service Tribunal, N.W.F.P.
Appeal No. 514 of 1974, decided on 29th July 1976,
MUHAMMAD KHURSHID KHAN, CHAIRMAN AND ALLAH BAKHSH KHAN. MEMBER

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MUHAMMAD SAADULLAH KHAN

VS

GHANIUR REHMAN KHAN AND 2 OTHERS

Law:

Section:

(a) Dir, Chitral and Swat (Administration) Regulation, 1969- -----Read with Constitution of Pakistan (1973), Art. 270(1), Constitution of Pakistan (1972), Art 281(1) and Validation of Laws Act (LXIII of 1975)-Constitutionality of statutes-Dir, Chitral and Swat (Adminis­tration) Regulation, 1969 having been declared to be validly made by Act LXIII of 1973 passed in pursuance of Art. 270(1), Constitution of Pakistan (11,873) a valid piece of legislation, and rules framed and proceeding taken under Regulation equally valid-Regulation aimed at ordinary orderly running of States on being taken over merited condonation of strict legalities. Aama Jilani v. Government of Punjab P L D 1972 S C 133 ref. (b) Dir, Chitral and Swat (Administration) Regulation, 1969- -----Cls. 3 & 4 read with N.-W. F. P. Service Tribunals Act (I of 1974), S.4-Appeal-Limitation-Governor appointing a committee to prepare a scheme for absorption of employees of former States in Pro­vincial Government cadres and services, passing order absorbing such employees with effect from a specified date and making provision for determination of their seniority-Seniority of appellant and respondent fixed in light of such provisions-.Suggestion that bar of limitation did not apply to present appeal, held, erroneous--Impugned order communicated to appellant per endorsement dated 9-9-74, must have reached him within a week, hence communicated to appellant more than 2J months before institution of appeal -Appeal not having been preferred within 30 days of communication of order, no application for condonation of delay being filed, nor any sufficient cause shown for delay, appeal held, barred by time and liable to dismissal. P L D 1965 S C 68.; P L D 1969 Lab. 1039 ; P L D 1970 Lab. E P L D 1974 Lab. 434; P L D 1976 S C 258 and P L D 1974 B l 29 ref. (c) Dir, Chitral and Swat (Administration) Regulation, 1969 ------Cls. 3 & 4 read with N.W. F. P. Government's Order (made under Regulation), paras. 2 & 6-Seniority of State employees-To be determined on basis of continuous appointment, substantive or otherwise-Period of service both before and after integration to be taken into account and their…
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