Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- -- S. 4 read with Limitation Act (IX of 1908), S. 5-Delay in filing appeal- Transfer in public interest ordered in 1970 and civil servant failing to represent against same till 1982-Civil servant also failing to represent against seniority list in which he was shown junior to respondent when it was duly circulated and comments invited in 1975-No satisfactory reasons advanced to justify condona­tion of delay in filing petition-Appeal, held, hopelessly time-barred and dismissed. Appellant in person. Haroon-ur-Rashid Cheema, District Attorney for Respondent No. 1 Dated of hearing : 18th November, 1982. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-Mr. Abdul Habib Satti, has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974 wherein be has impleaded Punjab Province through Secretary to Govern­ment of Punjab, Communication & Works Department. Lahore and Muhammad Iqbal Akhtar, Head Clerk, Provincial Building Division, Jhang, as respondents. 2. The appellant has made this appeal against the orders of the Secretary to Government of Punjab, Communication & Works Depart­ment, Lahore, No. E. 111/1-1/70, dated 3ist March, 1970 transferring Muhammad Iqbal Akhtar in public interest instead of his transfer on compassionate grounds and he has prayed that order of transfer of respon­dent No. 2 be changed into on compassionate grounds instead of in the public interest. 3. The case is at the stage of preliminary hearing. However, the parawise comments were obtained from the respondent. We have heard the appellant and the learned District Attorney. A legal objection was raised by the learned District Attorney that the appeal is hopelessly time­barred as the matter concerned to year 1970. Mr. Muhammad Iqbal Akhtar, Accounts Clerk, respondent No. 2 was transferred in the public interest vide Secretary to Government of Punjab, Communication & Works Department order, dated 3ist July, 1970. This has also been, acknowledged by the appellant himself through para. 7 of his appeal where in he had…

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