Law: Azad Jammu and Kashmir Service Tribunal Act, 1975

Section: 4

(a) Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975) S. 4---Appeal before the Service Tribunal, filing of---Limitation---Appellant challenged, before the Service Tribunal, a notification vide which the respondent was granted time (notification-in-question), however, the same was dismissed being time-barred having been filed after a period of almost one and a half year---Validity---Appellant in (relevant ground /para of) the memo of appeal before the Service Tribunal had furnished explanation regarding the delay in filing the appeal and stated that the notification-in-question was neither communicated to him nor the same was published in the official gazette---In support of his stance, he appended the certification issued by the Printing and Stationary Department along with the appeal---Moreover, the appellant also filed a separate application for condonation of delay accompanied by an affidavit---Under S. 4 of the Azad Jammu and Kashmir Service Tribunals Act, 1975, any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority, in respect of any of the terms and conditions of his service, may, within ninety days of the communication of such order to him or within six months of the establishment of the appropriate Tribunal, whichever is later, prefer an appeal to the Tribunal--- After perusal of ground (specifically taken in memo of appeal) and the certification issued by the Printing and Stationary Department, it appeared that the notification impugned before the Service Tribunal was neither communicated to the appellant nor the same was published in the official gazette, hence, the appeal filed by the appellant before the Service Tribunal was within limitation. (b) Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975) S. 4---Appeal before the Service Tribunal, filing of---Locus standi---Aggrieved person---Appellant challenged, before the Service Tribunal, a notification vide which the respondent was granted time (notification-in-question), however, the same was dismissed---Validity---Admittedly, after issuance of notification-in-question, the appellant was also granted time scale (BS-20),…