Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants (Appeal) Rules, 1982R. 8(2)Azad Jammu and Kashmir Service Tribunal Act, 1975, S. 4(i), proviso (a)Review application against order by which civil servant felt aggrievedCompetencyMere fact that respondent No. 2 had exercised right of review by way of departmental remedy would. not debar (civil servant) to file review application against order by which he was aggrieved, especially so, when he was not impleaded as party in review application­Civil servant was, thus, within his rights to file review application for redress of his grievance. Rang Baz Khan v. Raja Muhammad Azam Khan 1995 SCR 189 ref. (b) Azad Jammu and Kashmir Service Tribunal Act, 1975 S.4(1)Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.47(3)Civil serviceEntitlement to file appeal for redress of grievanceQuestion of limitationContention that civil servant would have two options either to file appeal or to wait indefinitely till disposal of his appeal, review, representation etc. and thereafter prefer appeal to Service Tribunal, repelledCivil servant was bound to prefer appeal to Service Tribunal within 120 days, reckoned from the date of filing departmental appeal/review/representation etc.Where period of three months was consumed in pursuing departmental remedy and thereafter appellant preferred appeal to Service Tribunal, whereas he should have appealed within 120 days after filing of his review application to Authority concernedAppeal filed by appellant was thus, barred by time. Haji Kadir Bux v. Province of Sindh 1982 SCMR 582; Federation of Pakistan v. Muhammad Azim Khan 1989 SCMR 1271 and Fazal Elahi Siddiqi v. Pakistan through Secretary, Establishment Division PLD 1990 SC 692 ref. M. Tabassum Aftab Alvi, Advocate for Appellant. Kh. Attaullah, Additional AdvocateGeneral for Respondent No. 1. Raja Muhammad Hanif Khan, Advocate for Respondent No. 2. Raja Shiraz Kayani, AdvocateGeneral, Sardar Rafique Mahmood Khan, Kh. Shahad Ahmad and Ch. Muhammad Ibrahim Zia, Advocate Amicus curiae. Date of hearing: 11th December, 1996. JUDGMENT SARDAR SAID MUHAMMAD KHAN, C.J.This appeal has been directed against the judgment of the Service Tribunal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492