Law:

Section:

(a) Azad Jammu and Kashmir Service Tribunal Act, 1975- -- S. 4-Departmental appeal belated-Could not be entertained unless delay condoned for sufficient reasons-Delay not condon­ed-Consequential appeal before Tribunal, held, not competent. (b) Azad Jammu nod Kashmir Service Tribunal Act, 1975- ---- S. 4, proviso (b) (1)-Transfer-Not appealable -Appellant aggrieved of promotion and transfer of respondent against him-­Neither question of promotion nor that of transfer, held appeal­able-Appeal, held, incompetent. Mushtaq Farooq for Appellant. Kh. Muhammad Saeed for Respondent. ORDER KH. GHULAM QADIR (MEMBER).-By this appeal the appellant Aziz­ur-Rehman has challenged the impugned order dated 27th September, 1975, whereby the respondent No. 2 Muhammad Hanif (now deceased) was transferred from Rural Development Programme Department to Agricultural Department and appointed as Agriculture Assistant. Respondent No. 2 died during the pendency of appeal. We heard the learned counsel for the parties. The Counsel for respondent No. 1 has raised three preliminary objections to the maintainability of appeal on the grounds that:--- (1) The appeal is time-barred ; (2) The departmental appeal was also filed after lapse of prescribed period of limitation ; (3) The order under appeal is not appealable under law. We have given our serious thought to these contentions of the learn­ed counsel for respondent No. 1 which go to the root of the case if held in affirmative. As regards the first contention that the appeal before Service Tribunal is time-barred, we have seen from the record that the appellant filed a departmental appeal before the President Azad Govern­ment on 1st December, 1977, which .was rejected on 18th April, 1979. The appellant filed this Service appeal on 12th June, 1979. The appellant had the right of filing appeal within thirty days from the date of com­munication of the impugned order under law. The appellant has alleged in paragraph 8 of his appeal that the order of rejection of appeal was communicated to him on 24th May, 1979. The appellant has filed an affidavit in support of the averments made in the memorandum of appeal wherein the fact of communication of…

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