Law:

Section:

(a) Sindh Service Tribunals Act (XV of 1973)--- ----S. 4---Appeal---Maintainability of---Appellant who originally joined Registration Department as Sub-Registrar Grade-11, subsequently was promoted as Sub-Registrar Grade-I and later on by Notification on recommendation of Departmental Promotion Committee, was promoted to post of Inspector (B.S. 16)---After Sub-Registrar's post having been upgraded to B.S. 16 and consequently having become inter-transferable with post of Inspector, appellant was re-transferred as Sub-Registrar (B.S. 16)--­Respondent who originally was inducted in cadre of Sub-Registrar's Grade-II and was also promoted to higher post of Sub-Registrar Grade-I, and who had resigned from service, after about six years from his resignation, applied for his reinstatement contending that he had tendered his resignation under compelling circumstances and Authority reinstated him treating intervening period for which he remained out of service as extraordinary Leave---Appellant challenged reinstatement of respondent by filing Departmental appeal after about two years of his reinstatement which was dismissed by Appellate Authority---Appellant had challenged order of competent Authority according to which respondent was reinstated and order passed by Appellate Authority dismissing his Departmental appeal---Departmental appeal which was to be filed within 30 days of passing of order, was filed after about two years for which appellant had absolutely not given any explanation---Appeals filed by appellant otherwise were not competent as respondent's reinstatement did not provide any cause of action to appellant---On date of Departmental appeal, appellant was holding higher post of Inspector while respondent was holding lower post, thus appellant was not in any way immediately affected by respondent's reinstatement in lower post---Appellant, in fact, had apprehension that sometime in future respondent's reinstatement would affect his seniority--Something which was to happen in future could not give appellant any cause of action---Apprehension of appellant might be strong, but it could not provide him basis for initiating a legal action as it was only after it…

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