Law: Service Tribunals Act, 1973

Section: 4(1)(c),proviso(c)

Service Tribunals Act (LXX of 1973)--S.4(1)(c)--Representation by civil servant--Final decision having been made by departmental authority on 17-2-1951, held, could not be challenged before Service Tribunal in 1982 on account .of bar contained in S.4(1) proviso (c), Service Tribunals Act, 1973--Subsequent order passed on 28-2-1982 which merely indicated inability of department to re-open matter could not be challenged before Tribunal--It was only if such a representation was permissible that order refusing to entertain said representation which was passed on 28-2-1982 could furnish civil servant with a new cause of action and take his case out of mischief of S. 4(1), proviso (c). ORDER NASIM HASAN SHAH, J.--The petitioner became a civil servant in undivided India having been appointed as a temporary stenographer on 26-7-1946. He also qualified in the proficiency test for stenographers conducted by the Public Service Commission, India on 18-12-1946. On the establishment of Pakistan, he opted for service in Pakistan and was absorbed in the Ministry of Finance of the Government of Pakistan. In 1950 he submitted several representations to the Ministry of Finance that as he had passed the examination conducted by the Public Service Commission, India, he should be placed senior to those optee temporary stenographers who had not qualified in the said examination. These representations were, however, rejected by the Ministry of Finance vide Memorandum No. D.5366-Est. 1/5.D, dated 17-2-1951. The petitioner appears to have reconciled himself to this decision and did not agitate against it for nearly 30 years. However, in the meantime, one of his former colleagues namely, Mr. M.H. Ashrafullah, who felt aggrieved with the seniority assigned to him and had agitated against it, was -granted ante-dated seniority by the Ministry of Finance. On the analogy of this case, the petitioner again represented his case to the Secretary of Finance on 22-9-1980 but this representation was rejected on 28-2-1982 with the remarks that a similar representation having been finally rejected as long ago as 17-2-1951 there was no rule which permitted the re-opening of his case after a period of…

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