| Citation(s) |
|---|
| 1994 SLG 826 1994 SLD 826 1994 SCMR 1523 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 145 of 1994, decision dated: 11-05-1994
SAEEDUZZAMAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ
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Civil Petition for Leave to Appeal No. 145 of 1994, decision dated: 11-05-1994
SAEEDUZZAMAN SIDDIQUI AND FAZAL ILAHI KHAN, JJ
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PERVEZ IJAZ SHEIKH
SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN and 2 others0
Law:
Section:
Service Tribunals Act (LXX of 1973)--S.4---Limitation Act (IX of 1908), S. 5---Appeal---Limitation---Condonation of delay---In spite of his representation dated 14-9-1989 appellant was shown junior to 23 other officers who were junior to him in the gradation list issued, by the Department in 1990---Appellant made no representation against the gradation list issued by the Department in 1990 and kept waiting for decision on the appeal of some of his colleagues preferred before the Service Tribunal---Appellant on his own showing made representation on 6-6-1993 claiming seniority from 13-8-1983 on the basis of of Supreme Court, which was already time-barred---Appellant, held could not claim start of fresh period of limitation by preferring an appeal on 6-6-1993 against list issued in 1990 wherein the appellant was assigned seniority from 23-9-1984 and which he failed to challenge: --[Limitation]. Federation of Pakistan v. Manzoor Hussain and others Civil Appeal No. 54 of 1991; Syed Firdous Ali v. Secretary, Establishment and others Civil Appeal No. 586 of 1992; Chairman, Pakistan Railways, Lahore v. Muhammad Latif and others 1984 SCMR 286 and Government of Pakistan through Secretary, Establishment Division v. Bashir Ahmed Khan PLD 1985 SC 309. distinguished. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal dated 23-1-1994, whereby, the Service Appeal filed by the petitioner claiming seniority in the Secretariat Group w.e.f. 13-8-1983 was rejected as time-barred and misconceived. The relevant facts of the case are that the petitioner who joined Government Service in Postal Group in BPS-17 on 15-3-1971 was promoted to BPS-19 in the Postal Group w.e.f. 13-8-1983. The petitioner was later inducted in the Secretariat Group as Deputy Secretary with effect from 23-9-1984 vide Notification No. F-59(14)83-E.2, dated 29-12-1988. The petitioner claims to have represented to the Secretary, Establishment Division on 14-9-1989 for assigning him seniority in B.P.S. 19 with effect from 13-8-1983 when he was promoted in the Postal Group in B.P.S. 19, but in spite of his representation, ill the gradation…
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