| Citation(s) |
|---|
| 1996 SLG 739 1996 SLD 739 1996 PLC 1039 |
Federal Service Tribunal, Islamabad
Appeal No. 17(R) of 1996, heard on 23rd January, 1996
MUHAMMAD ISMAIL, AFTAB AHMED AND ROSHAN ALI MANGI, MEMBERS
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Appeal No. 17(R) of 1996, heard on 23rd January, 1996
MUHAMMAD ISMAIL, AFTAB AHMED AND ROSHAN ALI MANGI, MEMBERS
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Syed SAMIULLAH
VS
SECRETARY, ESTABLISHMENT DIVISION and others Syed SAMIULLAH Vs SECRETARY, ESTABLISHMENT DIVISION and others
Law:
Section:
(a) Civil service---- ---- Dearness Allowance---Claim---Civil servant who was sent abroad for foreign study, claimed Dearness Allowance but his claim was rejected on ground that his foreign tour was not official tour, thus, he could not claim Dearness Allowance (D.A.) ---Letter according to which civil servant was sent abroad, had given complete understanding of the foreign tour and according to that letter it was in no way official tour dealing with official duties, but rather a part of a training course which was its objective---Civil servant who had not agitated against such nature of tour before proceeding on that tour, had no cause to agitate that matter at later stage. (b) Service Tribunals Act (LXX of 1973)---- ----S. 4---Appeal---Limitation---Civil servant whose first representation was rejected by Appellate Authority should have come to Tribunal within a period of thirty days on passing of rejection order, but civil servant kept on resorting to submitting' 'applications/representation/review petitions to Authorities concerned---In absence of provision for second representation, appeal filed by civil servant before Tribunal after more than four years from rejection of first representation, was time-barred which was liable to be rejected especially when no application for condonation of delay was submitted by civil servant. JUDGMENT ROSHAN ALI, MANGI (MEMBER). ----The facts leading to this case are that the appellant who is a Grade-20 Officer of the Intelligence Bureau, Headquarters, Islamabad while he was a Deputy Director (B-19), was nominated for NIPA Course, Peshawar vide a letter dated 25-9-1991. Initially a provisional course fee of Rs. 50,000 was sanctioned and later on it was enhanced to Rs:62,500. This amount of Rs.12,500 was provided to meet the additional expenditure on account of foreign study tour vide Establishment Division's letter 2. The appellant proceeded on official tour to Spain with the approval of the Competent Authority. Besides his ticket, he was handed over an amount of Rs.12,500 as a personal expense. 3. While returning to Pakistan with the permission of the Competent Authority, the appellant went to Jeddah to perform Umra for…
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