Law: Sindh Service Tribunals Act, 1973

Section: 4

Sindh Service Tribunals Act (XV of 1973)  S. 4, proviso (a--Review against final order of competent autho rity, filed on 3-1-1974, disposed of within ninety days-Appeal against such order before Tribunal filed in June 1976-Held, time- barred.-[Civil service-Limitation]. Date of hearing : 21st June 1980.                                                                                                                                   ORDER DORAB PATEL, J.-The petitioner, who was a Divisional Forest Officer, was retired on 26-9-1973, on the ground that he had completed twenty-five years of service and had qualified for pension and other retirement benefits. The notification is dated 26th September 1973, and it states that the petitioner "shall retire from service on 26th September 1973 (forenoon), or, on the expiry of leave preparatory to retirement, if applied for the (same) within ten days of the receipt of this notification and sanctioned by Government". In view of the words quoted, the petitioner applied for leave preparatory to retirement, but he was informed by an order dated 7-12-1973 that the Government "have decided not to grant Leave Preparatory to Retirement". He, therefore, filed a review against this order to the Provincial Chief Secretary, but, according to him, in the events that happened, his application was dismissed by the Chief Minister on 26-5-1976, therefore, he filed an appeal on 24-6-1976 before the Sind Service Tribunal. BU, as the appeal was dismissed, on the ground that it was time-barred, the petitioner has filed this petition for leave. In dismissing the petitioner's appeal, the Tribunal observed "the cause of action arose on 7-12-1973 when his request for the grant of Leave…