Law: Service Tribunals Act (LXX of 1973).

Section: 4

Service Tribunals Act (LXX of 1973) S. 4-Appeal-Limitation-Appeal filed by civil servant against his termination before Departmental authority not found to be in nature of competent proceedings-Limitation could not therefore, commence from date of decision of such appeal-Appeal filed before Tribunal three months after expiry of ninety days from date of establishment of Tribunal-Held, barred by time. Date of hearing : 6th December, 1980.                                                                                                                        ORDER ANWARUL HAQ, C. J. This petition seeks leave to appeal against an order made by the Federal Service Tribunal on the 28th of May, 1976, by which an appeal filed by the petitioner against the order of his compulsory retirement from service was dismissed on the ground of limitation as well as on merits. The petitioner was serving as a Lower Division Clerk in 502 Central Workshop; Rawalpindi, when he was served with an order of compulsory retirement on the 6th of January, 1973. He filed a civil suit on 15-2-1973 to challenge the legality of this order, which abated on the 28th of November 1973, on the promulgation of the Service Tribunals Act, 1973. Thereafter the petitioner filed an appeal before the Director, N. W. R. on 19-12-1973, but by a communication dated the 17th of June, 1974, he was informed to approach the Service Tribunal. He, accordingly, filed an appeal before the Service Tribunal on the 28th of August, 1974. The Tribunal has observed that the appeal had to be instituted within 90 days of the establishment of the Tribunal, and as the Tribunal was established on 22nd of January, 1974, the appeal should have been filed up to 23rd of May, 1974, but it was filed more than three months thereafter, and was therefore, liable to be rejected on this ground. The Tribunal has also gone into the merits of the…