Law:

Section:

Service Tribunals Act (LXX of.1973)- --- S. 4-Appeal before Tribunal-Limitation - Reply to depart­mental appeal not received-Appeal to be filed within 30 days after waiting for a period of 90 days i.e. total limitation period of 120 days.-Letter received thereafter intimating that departmental appeal had previously been rejected-Cannot extend limitation. M. S. Siddiqi for Appellant. Date of hearing, 28th June, 1983. JUDGMENT SHAH ABDUR RASHID (CHAIRMAN).--The appellant was an em­ployee of the Population Planning Board, N.-W.F.P., and then of the Popu­lation Planning Division of the Federal Government. Her services were terminated under section 6 of the Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance, 1981, by order dated 20-9-1982. She alleges that she filed a departmental appeal on 1-10-1982 from the order of termination, but did not receive any reply and consequently filed the present appeal before the Tribunal under section 4 of the Service Tribunals Act, 1973 on 6-4-1983. If this was end of the matter, the present appeal was time-barred, inasmuch as after waiting for the statutory period of 90 days, the appellant should have come to the Tribunal within 30 days i.e. on or before 1-2-1983. The present appeal, having been filed on 6-4-1.983, was thus late by over two months. How­ever, the learned counsel for the appellant contends that during the pen­dency of appeal, a reply dated 5-6-1983, was received and, therefore, the appellant got a fresh cause of action to file the…

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