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1987 SCMR 92 Present: Muhammad Afzal Zullah and Mian Burhanuddin khan, JJ Khan Sahib SHER MUHAMMAD MIR--Petitioner Vs ISLAMIC REPUBLIC OF PAKISTAN--Respondent Civil Petition for Leave to Appeal No. 307-R of 1984, decided on 5th November, 1986. (From the of the Federal Service Tribunal, Islamabad, dated 7-10-1984 in Appeal No. 9-R of 1983). (a) Constitution of Pakistan (1973)-- ---Art. 212(3)--Service Tribunals Act (LXX of 1973), S 4--Limitation-­Time-barred appeal dismissed by Service Tribunal--Plea that petitioner had been seeking departmental redress by writing letters and reminders to higher authorities, not entertained--Time spent in making representations and sending reminders would not be excluded from period of limitation--Leave to appeal refused.--(Limitation]. Shafaat Ahmad v. Government of Punjab 1986 SCMR 30 rel. (b) Constitution of Pakistan (1973)- ---Art. 212(3)--Service Tribunals Act (LXX of 1973), S.4--Limitation-­Time-barred appeal--Remarks on merits of case disapproved--While dismissing appeal as time-barred, Service Tribunal made remarks about merits of case--Held, in peculiar circumstances of case, any remarks about merits of case should not have been made and that they should not operate against petitioner if he made any fresh representation--Leave to appeal refused.--[Limitation]. Petitioner in person. Nemo for Respondent. Date of hearing; 5th November, 1986. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from , dated 7-10-1984 of the Central Service Tribunal; whereby a service appeal relating to petitioner's pensioner benefits, was dismissed as time-barred as also without merit. The petitioner had retired as Deputy Secretary in 1953. By 1963 he had paid back the commuted portion of pension to the Government. He, therefore, sought the restoration of full pension to him from the year 1963. The Ministry of Finance, vide their letter, dated 26th December, 1981, turned down his request. The petitioner, however, addressed representations and letters to the Ministry as also to the President several times but ultimately finding no favourable response, he filed an appeal before the Service Tribunal on 19-1-1983. The Tribunal held…

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