Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S. 4--Limitation--Condonation of delay--Sufficient cause--Illness normally not recognised as sufficient cause for condoning inordinate delay--Appeal nearly 3 years beyond prescribed limitation--Appellant said to be constantly ailing for serious diseases like "heart ailment" and "kidney trouble"--Diseases not such which may suspend or paralyse sense to such extent that appellant was not able to attend to such important matter-- Condonation refused. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4--Limitation--Runs against order claimed as void from date of knowledge of such order--Void order passed by Public authority shall be presumed to be genuine and valid unless presumption rebutted in competent legal proceedings within prescribed limitation period. G. M. Saleem for Appellant. Niaz Ahmad Khan for Respondents. Date of hearing: 13th January, 1985. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-- This appeal is directed against the order notified on the 30th of January, 1980, whereby the appellant was retired from service under clause (ii) of section 13 of the Civil Servants Act, 1973. The appeal having been filed nearly three years beyond the prescribed limitation, is obviously time-barred. An application for condonation of delay was, however, filed. 2. We have given our anxious thought to the submissions made by the parties. An attempt was first made on behalf of the appellant to urge that time for filing the appeal is to count from a letter of the Department dated 11-1-1983 addressed to one Mr. Abdul Bari, an appellant before us in Appeal No. 25 (K) of 1982. But this is rather an over-simplication of the appellant's helpless case for condonation of delay. The argument over-looks the stark facts that the said letter was issued to Mr. Abdul Bari and not to the appellant, hence, the appellant cannot avail it in his case for enlarging the period of limitation. Even otherwise we have held in the case of said Mr. Abdul Bari that the said letter, not being a final order, cannot be of avail of reckoning the period of limitation. It is, however, interesting to note that the present appeal was filed beyond the period of…

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