Law:

Section:

Service Tribunals Act (LXX of 1973)--- ----S. 4---Appeal---Limitation---Departmental appeal against order of termination was to be filed within 30 days from passing of such order, but same was filed by employee with delay of three months and no application for condonation of such delay was filed by him---Delay in filing departmental appeal could be condoned by Departmental Appellate Authority, but instead of making such prayer to that Authority and waiting for its decision on question of delay, appellant rushed to tile appeal before Tribunal basing the same on departmental appeal which was not filed within time---Such departmental appeal could not be construed to have satisfied mandatory requirement of exhausting departmental remedy before approaching Service Tribunal for desired relief---Appeal before Tribunal, apart from being time-barred; was also premature. Hameed M. Siddiqui for Appellant. Abdul Latif Ansari, Addl. A.-G. for Respondents. Date of hearing: 10th May, 1993. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).---The appellant Mr. Zulfiqar Haider was Senior Store-keeper/Assistant (BS-11) in the Poultry Vaccine Production Centre, Karachi (hereinafter referred as the said Centre), when his services were terminated by the order dated 27th November, 1991, of the Project Director of the said Centre. The said order has been called in question in this appeal. 2. To begin with the appellant was appointed on ad hoc basis as Assistant on 4-8-1977 in the said Centre. His post was subsequently upgraded first as Store-keeper w.e.f. 1-7-1979 and then as Senior Store-keeper/Assistant (BS-11) w.e.f. 8-2-1988. The appellant developed some problem in his eyes in August 1989, and therefore, he was granted medical leave, which was ultimately extended up to 23-9-1990. Due to his continuous absence on medical grounds, the appellant was referred to Medical Board for necessary examination. The Medical Board recommended for his invalidation on the ground of his defective vision. The Board's recommendations were placed before the Board of Management, which runs the said Centre. In its meeting held on 28-9-1991, the Management Board decided for termination of the appellant's services,…

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