| Citation(s) |
|---|
| 1986 SLG 2356 1986 SLD 2356 1986 PLC 942 |
Service Tribunal, Punjab
Case No. 60/128 of 1985, decided on 30th July, 1985.
ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS
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Case No. 60/128 of 1985, decided on 30th July, 1985.
ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS
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Sh. NAZIR AHMAD
VS
THE SECRETARY TO GOVERNMENT OF THE PUNJAB, IRRIGATION AND POWER DEPARTMENT, LAHORE and another
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)------- --S. 4--Limitation Act (IX of 1908), S. 5--Appeal before Tribunal-Appeal being time-barred--No explanation for filing belated appeal-Appeal, held, was not competent being time-barred. Abdul Wahid Chaudhry for Appellant. A.G. Humayun, District Attorney for Respondents. JUDGMENT MIAN FAIZ KARIM (MEMBER).--Sh. Nazir Ahmad, Zilladar (Retd.) has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Secretary to Government of the Punjab, Irrigation and Power Department, Old Anarkali, Lahore and Superintending Engineer (Headquarters), Irrigation, Lahore Region, Lahore, as respondents. 2. The appellant Sh. Nazir Ahmad prayed that the impugned order, dated 22-10-1984 passed by Superintending Engineer (respondent No. 2) r, may be set aside and the appellant be allowed National Pay Scale No. 10 w.e.f. 1st December, 1975 and National Pay Scale No. 11 w.e.f. 1st December, 1979. 3. Brief facts of the case are that the appellant joined the service of the. Irrigation Department as Assistant Vernacular Clerk on 1-1-1948 and was promoted to the post of Ziliadar in the year 1962. The appellant was retired as Zilladar on 14-6-1983 from Upper Chenab Circle, Sheikhupura. The contention of the appellant is that he was entitled to the higher scale from 9 to 10 on 1-12-1975 but his pay was not fixed in the higher scale by his Department. The appellant further contended that he was due for N.P.S.-11 on 1-12-1979. It appears that the appellant's case was referred to the Regional Office at a later stage which was rejected vide orders, dated 22-10-1984 of the Superintending Engineer (Headquarters) Irrigation, Lahore (respondent No. 2) in view of the chequered record of the appellant as well as on the grounds that the appellant did not pass D.R.E. Aggrieved by this order, the appellant filed a representation to the Secretary, Government of the Punjab, Irrigation Department (respondent No. 1). After expiry of 90 days, the appellant filed the instant appeal before the Punjab Service Tribunal. 4. At the time of the arguments Mr. Abdul Wahid, learned counsel for the appellant, pleaded that the…
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