Law:

Section:

Service Tribunals Act (LXX of 1973)--- ----S. 4---Appeal---Inordinate delay in filing---Maintainability---Civil servant, a Police Officer, who was shown junior to co-civil servants, gad challenged seniority of co-civil servants by making representation to Establishment Division and also by approaching Tribunal by filing appeal---During pendency of appeal of civil servant, Establishment Division accepted his representation and placed him senior to co-civil servants and civil servant had withdrawn his appeal unconditionally---Later on when co-civil servants were given ante-dated seniority after retirement of civil servants he again challenged such seniority by filing appeal before Tribunal after delay of more than three years---Civil servant who had withdrawn earlier appeal unconditionally after acceptance of his representation, could not again agitate for same cause of action---Appeal otherwise filed after inordinate delay of more than three years, was not maintainable. 1993 PLC (C.S.) 1404 and 1983 PLC (C.S.) 1092 ref. M.M.A. Samdani for Appellant. Date of hearing: 22nd August, 1994. JUDGMENT MUHAMMAD ILYAS LODHI (MEMBER).---The appellant Agha Firasat Ali has filed this appeal under section 4 of the Service Tribunals Act, 1973 against the order dated 5-3-1994 whereby six Police Officers of the Punjab Police namely Mr. Munir Ahmad Dar, Mr. Zakauddin, Mr. Abdul Wassay, Mr. Khalilur Rehman, Mr. Allah Bux and Mr. Raza Ahmed Khan had been given encadrement in the Police Service of Pakistan with effect from 21-9-1976. When these officers were inducted in the PSP Cadre, the appellant was also inducted in the Police Group vide Establishment Division's Notification No. 10/4/87-E (Police), dated 7-10-1987 and was given effect from 1-12-1984. The appellant was shown junior to the above respondents. He challenged the order and made representation to the Establishment Division and also approached this Tribunal in Appeal No. 32(L)/1990 and 222(L)/1990 to give him seniority over the said respondents. 2. When the said appeals of the appellant were pending before the Tribunal, the Establishment Division accepted his representation and placed him senior to the above respondents…

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