Law:

Section:

Service Tribunals Act (LXX of 1973)- ---S. 4-Civil Servants (Appeal) Rules, 1977 - Appeal before Tribunal-Limitation of 30 days starts from date of receipt of reply to departmental appeal/representation and in case no reply received thereto for 90 days then from expiry of 90 days period of waiting-Rules provide only one right of departmental appeal and there is no statutory provision for successive appeals/representations on same cause of action to same authority-Limitation for appeal before Tribunal countable from rejection of first departmental appeal/representation--Contention that there was no bar against making successive representation to departmental appellate authority and department's practice was to entertain successive representations/ appeals hence limitation should be counted from final representa­tion-Repelled-Departmental representation/appeals rejected in 1976 and 1977-Appeal filed in 1979, in circumstances, held, hopelessly time-barred and dismissed in limine. Muhammad Ihsan Khan v. Province of West Pakistan P L D 1963 Lah 297 and Nazir Ahmad v. Pakistan P L D 1970 S C 453 ref. M. S. Siddiqi for Appellant. Date of hearing : 14th April, 1979. ORDER SHAH ABDUR RASHID (CHAIRMAN). - Muhammad Ahsan Khan, Stenographer in the Ministry of Information and Broadcasting has pre­ferred this appeal to challenge the action of the Secretary, Ministry of Information and Broadcasting, respondent No. 1 in failing to pro­mote the appellant to the post of Private Secretary, to the Additional Secretary and appointing Mr. Muhammad Habib, respondent No. 2 to the said post. He also challenges the refusal of respondent No.1 to premote the appellant as Superintendent in the Ministry of Information and Broadcasting. 2. The appellant's case is that he was serving as Personal Assistant (Grade-14) in the Ministry of Information and Broadcasting when in 1975 respondent No. 2 was promoted as Private Secretary to the Additional Secretary by notification of 22nd December, 1975. He contends that this appointment was illegal and against the relevant rules and orders and therefore, the appellant represented to respondent No. 1 by moving formal application on 24th December, 1975.…

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