| Citation(s) |
|---|
| 1986 SLG 2293 1986 SLD 2293 1986 PLC 800 |
Service Tribunal, Punjab
Case No. 239/27 of 1982, decided on 28th December, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER
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Case No. 239/27 of 1982, decided on 28th December, 1983.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND ABDUL HAMID CHAUDHRY, MEMBER
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Abdul Hamid Chaudhry, Member ALI ABBAS
VS
INSPECTOR-GENERAL OF POLICE, PUNJAB and 26 others
Law:
Section:
(a) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Limitation Act (IX of 1908), S.5--Limitation--Condonation of delay--Appellant appointed as P.S.I. in Police Department against a permanent post--Claim for being declared permanent from date of appointment (1960) refused on unfounded grounds but appellant throughout agitating his justified claim--Department not taking point of limitation into consideration while disposing of his representations-Appeal before Tribunal sought to be dismissed as time-barred--Tribunal after taking into consideration antecedent background observing that rejection of appeal summarily on limitation score alone would be on act of great hardship and it was a case where merits should prevail more than law of limitation against appellant--Delay, in circumstances, condoned by Tribunal. (b) Punjab Police Rules, 1934-- ---R. 19.28(4)-,Seniority of P.S.Is.--Passing of P.S.I. Examination with credit, held, is not relevant for purpose of seniority. Muhammad Ilyas Kayani v .I.-G . P. 1971 P L C (C.S.T) 228 rel. Syed Latif Hussain jafri for Appellant. A. G. Humayun, District Attorney for Respondents Nos. 1 and 2. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). --Ali Abbas has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Inspector-General of Police, Punjab, Lahore, Deputy Inspector-General of Police, Bahawalpur Range, Bahawalpur and Messrs Amir Hassan Magsi and 24 others as respondents. 2. By virtue of this appeal he has prayed that the impugned order, dated 10-4-1982, be set aside and order treating the appellant as confirmed P.S.I. from 1973, be modified to read and declare him as confirmed P.S.I. w.e.f. 12-9-1960 and entitled to all consequential service benefits. 3. Brief facts of the case are that the appellant was appointed as Temporary P.S.I. in Bahawalpur Range from 12-9-1960 against a permanent post on successfully completing the P.S.I. course at Police Training School, Sihala. The appellant was eligible to be confirmed against a permanent post w.e.f. 12-9-1960, the date of his appointment but he was confirmed against a permanent post w.e.f. 1-6-1973 and as a consequence the…
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