Law: Service Tribunals Act (LXX of 1973).

Section: 4

Law: Constitution of Pakistan 1973

Section: 212

Service Tribunals Act (LXX of 1973) S. 4-Government servant-Appeal to Tribunal -- Presumption exists as to official acts being regularly performed-Departmental file containing a copy of reply sent to petitioner concerning his depart mental representation and such communication addressed to petitioner exactly on same address on which order of rejection sent hence no reason why earlier order should not have been received by Petitioner, held, ought to have, after expiry of statutory period of 90 days, filed an appeal within 30 days thereof before Tribunal and not having done so his appeal time barred and no case made out for interference by Supreme Court - Constitution of Pakistan (1973), Art. 212.-[Civil services]. Date of hearing: 15th March, 1981.                                                                                                                    ORDER NASIM HASAN SHAH, J.-The petitioner was an assistant in the Ministry of Religious Affairs, Government of Pakistan. By order dated 25-1-1978 his services were terminated on the ground that he was no longer required. He, therefore, filed a representation to the Secretary, Ministry of Religious Affairs on 6-2-1978. The case was dismissed by a memorandum dated 9th March, 1978, which is reproduced below:-- "Islamabad, the 9th March, 1979.   Memorandum With reference to his application dated 6-2-1978. Mr. Malik Parwez Akhtar is hereby informed that his request was considered but it is regretted that it cannot be acceded it. (Sd.) (Muhammad Jan Siddiqui), Officer on Special Duty (Admit.) Malik Parwez Akhtar, House No. D-244, Satellite Town, Rawalpindi." The case of the petitioner is that he did not receive the said order and, therefore, filed an Appeal (No. 1 of 1979), before the Minister, which was again rejected on 7th March, 1979, and this order was communicated to the petitioner, exactly on the same…