Law:

Section:

Constitution of Pakistan (1973)-----Art. 212(3)--Service Tribunals Act (LXX of 1973), S. 6--Limitation Act (IX of 1908), S. 5--Limitation--Condonation of delay--Sufficiency of cause for condonation of delay being question of fact was within exclusive jurisdiction of Tribunal--Petitioner being familiar with law it could not be said that Tribunal had exercised its discretion capriciously or arbitrarily in refusing to condone petitioners delay--Leave to appeal refused. Syed Faiz Ali Shah v. Chief Administrator of Auqaf, Lahore PLD 1974 S C 17 distinguished. Masud Ahmad v. Pakistan P L D 1976 S C 195 ref. ORDER DORAB PATEL, J.--The petitioner was a Sub-Inspector in the Karachi Police, who was dismissed from service on 21-9-1959. He, therefore, filed a suit in 1962 in the District Court, Karachi for a declaration that his dismissal was illegal and void, and that he continued to be in service. As this suit was decreed, he was re-instated, but he was not paid his salary, therefore, although he had not sought any relief in this respect in his suit, he went on filing execution applications. It is not necessary to refer to the details of this prolonged litigation and it is sufficient to state here that the execution proceedings instituted by the petitioner were dismissed. Therefore, he filed another suit for the recovery of the alleged arrears of salary due to him. The suit was filed in 1973 in the District Court, Karachi, and it came up for hearing before the learned District Judge. Meanwhile, however, Article 212 of the Constitution had been amended and the Sind Service Tribunals Act, 1973 had come into force, therefore, the learned District Judge passed an order on 10-7-1974 that the suit had abated. And it is not irrelevant to point out here that the petitioner challenged even this order of the District Judge in a revision in the High Court which was dismissed in due course. Meanwhile, although he was prosecuting his remedies in the Courts, he had also filed an appeal on 5-10-1974 before the Sind Civil Service Tribunal. In a very lengthy petition, he set out the history of his prolonged litigation with the respondents and sought in this appeal both declaratory relief…

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