Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- --S. 4-Appeal before Tribunal - When to be filed-Departmental appeal filed-Appeal before Tribunal to be filed either within 30 days after expiry of 90 days after filing of departmental appeal or within 30 days after order on departmental appeal - Appeal filed much after expiry of 90 days of filing departmental appeal-Depart­mental appeal yet pending-Appeal, in circumstances, held, pre­mature hence not maintainable. 1982 S C M R 591 rel. Sheikh Abdul Qayyum for Appellant. A. G. Humayun, District Attorney for Respondents. JUDGMENT Muhammad Yar, Ex Peshi Qanungo, Bahawalnagar has made this appeal under section 4 of the Punjab Service Tribunals Act 1974, wherein he has impleaded the Deputy Commissioner, Bahawalnagar and the Commissioner, Bahawalpur Division, Bahawalpur as respondents. 2. By virtue of this appeal the appellant has prayed that the impugned order dated 5th April, 1983 passed by respondent No. 1 be set aside and the appellant be declared to have been continuing as a Qanungo with back benefits. 3. Brief facts of the case are that the appellant was appointed as a Patwari in the year 1957. On 16th August, 1974, the appellant was selected and appointed as Qanungo candidate. The appellant was promoted and appointed as Qanungo Consolidation, Tehsil Minchanabad, District Bahawalnagar by respondent No. 1. The appellant continued as such as Qanungo Consolidation. The appellant received the impugned order, dated 5th April, 1983, issued by respondent No. 1, whereby the appellant was reverted from Girdawar Qanungo to Patwari and his services were placed at the disposal of the Assistant Commissioner, Bahawalnagar for his further posting in Bahawalnagar Sub-Division. The appellant is aggrieved of this order. The appellant made an appeal before the Commissioner, Bahawalpur Division against the impugned order, dated 5th April, 1983, which has not been decided so far. Hence this appeal. 4. I have heard the parties i. e., Sh. Abdul Qayyum, Advocate for the appellant and the learned District Attorney assisted by the representative of the Department on behalf of the respondents. 5. A legal objection has been raised by the learned…

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