Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S. 4--Limitation Act (IX of 1908), S.5--Appeal before Tribunal-­Delay--Condonation of, on ground of illegality of impugned order--Order passed by public authority, even if not made according to law, held, was still an act capable of legal consequences--Unless competent proceeding was taken at law to establish cause of illegality and to get it quashed, such order would remain as effective for its ostensible purpose as the most impeccable of orders--Court or Tribunal would invalidate an order only if right remedy was sought by right person in right proceedings and circumstances--After prescribed period of limitation had elapsed, door of justice was closed and no plea of injustice, hardship or ignorance could be of any avail--For exercise of discretion to condone, delay has to be reasonable, based on sound footing and could be resorted to in very special circumstances, when each day's delay stands accounted for. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4--Limitation Act (IX of 1908), S.5--Appeal before Tribunal--Delay, condonation of--Repeated departmental representations, held, would not enlarge time prescribed for filing appeal before Service Tribunal--Neither assurance given by executive authority nor ignorance of law or want of knowledge of civil servant about his remedy before tribunal against impugned orders would constitute valid grounds for condonation of delay--Petition for condonation of delay of five years being devoid of merit dismissed by Service Tribunal and in consequence appeal was dismissed as incompetent and barred by limitation. Muhammad Asghar Khan for Appellant. Sardar Muhammad Amir Akbar Khan for Respondent. Date of hearing: 20th July, 1986. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).--By way of present appeal the appellant seeks to challenge the order of the competent authority notified on 10-7-1978 whereby the appellant then Joint Secretary/ Officer on Special Duty in the Establishment Division, was reverted from the post of Joint Secretary and his services were replaced at the disposal of Air Headquarters for appointment to a post to which he would have been appointed under the Air…

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