| Citation(s) |
|---|
| 1988 SLG 889 1988 SLD 889 1988 PLC 126 |
Service Tribunal, Punjab
Appeal No. 159/148 of 1985, decided on 28th November, 1987.
IHSANUL HAQ CHAUDHRY, CHAIRMAN, A. MUHAMMAD YUSAF AND CH. ABDUR RASHID, MEMBERS
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Appeal No. 159/148 of 1985, decided on 28th November, 1987.
IHSANUL HAQ CHAUDHRY, CHAIRMAN, A. MUHAMMAD YUSAF AND CH. ABDUR RASHID, MEMBERS
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Ch. TAUQIR AHMAD
VS
GOVERNMENT OF PUNJAB through Secretary, Housing and Physical Planning Department, Lahore
Law:
Section:
(a) Punjab Service Tribunals Act (IX of 1974)--- ---S. 4--Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R. 13, proviso--Appeal--Review petition filed by appellant, against order of stoppage of his increments, making no mention that his review was time-barred--Appellant also neither tendered any explanation for delay in moving review petition nor pleaded ground for extension of time--Authority rejected and filed his review petition as being time-barred--Contention of appellant, that review petition once entertained could not be rejected, repelled--Held, review petition of appellant was never entertained--Merely sending for comments without applying conscious mind to merits would not mean that petition had been entertained and limitation condoned, as limitation could not be deemed to have been condoned by implication. (b) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Limitation, condonation of--Limitation, held, could not be deemed to have been condoned by implication. Mian Sami-ud-Din for Appellant. A.G.Humayun, District Attorney for Respondent. Date of hearing: 18th November, 1987. JUDGMENT IHSANUL HAQ CHAUDHRY (CHAIRMAN).--The facts relevant for the decision of the present appeal are that the appellant in the year 1976 was posted at Faisalabad as Secretary, District Housing Committee. One Mst. Razia was allotted Plot No.1808/D, Peoples Colony, Faisalabad, but she reported back that there is a grave in the plot, therefore, she should be given another plot. This request of the lady was acceded to by the Department and she was allotted plot No.63-A. Since Martial Law was imposed and Martial Law Administrator issued MII-23, whereby all allotments made w.e.f. 1-7-1970, were cancelled. This decision was conveyed to Mst. Razia vide letter dated 31-8-1977. 2. The appellant suggested that with the cancellation of allotment of Plot No.6?-A the allotment of Plot No.1808/D Peoples Colony Faisalabad automatically stood restored in the name of Mst. Razia. This note of the appellant is dated 14-12-1977. The District Housing Officer on the basis of the note, issued vide letter dated 14-12-1977, directing the allottee to complete the formalities in…
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