Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 212(3)--Civil service--Leave to appeal granted to examine whether Service Tribunal had correctly applied bar of limitation and res-judicata and had correctly interpreted and applied Service Rules to parties for fixing their inter se seniority. (b) Punjab Service Tribunals Act (IX of 1974)----S. 4--Appeal disposed of and points raised by appellant were considered and rejected--Such points, held, were barred by doctrine of constructive res judicata could not, therefore, be revived by filing a miscellaneous application before Tribunal--Civil Procedure Code (V of 1908), S. 11. (c) Punjab Service Tribunals Act (IX of 1974)----S. 4--Appellant, held, could get no relief on basis of a ground which he could have taken but had not taken--Jurisdiction of Tribunal did not extend to any event prior to 1969--Question of reversion of appellant in 1954, therefore, fell outside jurisdiction of Tribunal and such question could not be re-opened even on merits--Appellant, if on interpretation of Rules, wanted to obtain benefit, effect of decision of Tribunal was not to deprive him of same. Muhammad Iqbal and another v. Secretary to Government of Punjab and 37 others 1986 SCMR 1 ref. (d) Punjab Service Tribunals Act (IX of 1974)---S. 4--Seniority--Appeal--Limitation--Condonation of delay--Seniority list of 1972 challenged in 1978--No application for condonation of delay filed alongwith appeals but only presented when appeals were at stage of arguments---Tribunal heard appeals on merits subject to all just exception--No justification was made by appellants to persuade Tribunal to condone delay of six years, particularly when their other colleagues promptly approached Tribunal by challenging said seniority list--Service Tribunals rejecting appeal, as time-barred, held, was an act with jurisdiction in circumstances.--[Civil services] Civil Appeal No. 74 of 1982 Shahzad Jahangir, Advocate Supreme Court instructed by Muhammad Aslam Choudhry, Advocate-on-Record for, Appellant. Masood Akhtar, Advocate-on-Record for Respondents Nos. 3 and 5. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Respondents Nos. 17 and 20. M. Nawaz Abbasi, Assistant…

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