| Citation(s) |
|---|
| 1989 SLG 2104 1989 SLD 2104 1989 PLC 295 |
Federal Service Tribunal, Islamabad
Appeal No. 3(L) of 198-1, decided on 4th March, 1989.
CH. HASAN NAWAZ ACID KH. ABDUL, JALIL, MEMBERS
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Appeal No. 3(L) of 198-1, decided on 4th March, 1989.
CH. HASAN NAWAZ ACID KH. ABDUL, JALIL, MEMBERS
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GHULAM AKBAR KHAN
VS
GENERAL MANAGER, PAKISTAN RAILWAYS
Law:
Section:
Service Tribunals Act (LXX of 1973)-- ---S. 4--Seniority--Employee claiming seniority with effect from 12-10-1953 on basis of revised concordance of Railway employees--Employee's post being a selection post prior to 1-3-1972, Authority refused to allow him seniority over those employees of the cadre who had been selected prior to 1-3-1972-Such information was conveyed to employee on 3-5-1979--Appeal before Service Tribunal to challenge validity of denial of seniority was filed on d on 11-1-1984- Departmental appeal against order of 3-5-1979 was filed on 4-10-1983 which should have been filed within thirty days of communication of impugned letter Condonation of delay could not be allowed in circumstances- -Appeal having been filed beyond statutory period of limitation was not maintainable and being hopelessly time-barred was dismissed. M.S. Qureshi for Appellant. Muhammad Nawaz for Respondent. Date of hearing: 1st March, 1989. JUDGMENT CH. HASAN NAWAZ (MEMBER).--On having opted for Pakistan, the appellant assumed charge of his post as Clerk Grade-III in the then North Western Railway in August, 1947 on transfer of his services from B,B. and C.I. Railways (India) after independence. 2. His prayer in the present appeal under section 4 of the Service Tribunals Act, 1973 is that he may be given "the benefits of seniority from 12-10-1953 with accruing financial benefits". 3. The basis of his claim is Headquarters Office Case No. 561-E/85/O/42-E. Spl. regarding revised concordance equating the N.W.R. and ex-Indian Railways Scales of Pay applicable to Class III and IV Staff , published in the N-W.R. Gazette Extraordinary on 12-10-1953; which made the following reading: "In supersession of the concordance of scales of pay issued by this office from time to time in consultation with the Financial Adviser and Chief Accounts Officer, North Western Railway, Lahore, a copy of letter No. E52CD1/1-II, dated 8th May, 1953, from the Director General (Railway), Railway Division, Government of Pakistan, Karachi, together with a copy of the revised concordance of scales of pay referred to therein, is published for the information of the staff. 2.(a) This concordance, which is now…
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