Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Appeal to Service Tribunal---Limitation---Withdrawal of advance increments without notice---Validity---Documents placed on record revealed that Department continued paying increments up to the end of February, 1990 and as such, there was force in the contention of petitioner that order dated 25-9-1989 through which advance increments were withdrawn from civil servant was never communicated to him---Civil servant having gained knowledge of order in question in April, 1990, when his advance increment was stopped for the first time, he preferred appeal against it to Service Tribunal which was dismissed as time-barred---Leave to appeal was granted to consider question of limitation. ORDER WALI MUHAMMAD KHAN, J.---Ishtiaq Ahmed, petitioner herein, calls in question the judgment dated 26-4-1993 passed by the Federal Service Tribunal, Islamabad, whereby his appeal against the order of the authority declining his prayer for restitution of advance increments withdrawn from him on 25-9-1989, was dismissed. The facts of the case in a nutshell are that the petitioner graduated from the Sindh University on 2-11-1981 while serving as Upper Division Clerk in the Railways, and on his application, four advance increments under the Incentive Scheme were granted to him with effect from…

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