Law:

Section:

Service Tribunals Act (LXX of 1973)-- ----S. 4---Civil Servants Act (LXXI of 1973), S. 22---Appeal--Limitation--­Departmental appeal was filed by civil servant after more than four years from accrual of cause of action to him and appeal before Service Tribunal was filed after more than two and a half months from dismissal of Departmental appeal--­Departmental appeal filed by civil servant already being barred to the extent of more than four years, appeal filed before Service Tribunal after more than two months from final order passed in Departmental Appeal, was also barred--­Appeal filed by civil servant was dismissed being barred by time. 1994 PLC (C.S.) 411; 1995 P L C (C.S.) 1103; PLD 1994 SC 348 and P L D 1987 SC 612 ref. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---The appellant was employed as Clerk-in-Charge in the Audit Department of Pakistan Railways in 1980 when he was asked to work against the post of Accountant (BPS-16). He performed the duties of higher post from 1-12-1980 to 10-121985 when he was promoted as Accountant on regular basis. 2. In accordance with section 17 of the Civil Servants Act he was entitled to the salary in BPS-16 for five years but he did not demand. Allegedly there were verbal requests. In writing he made the first representation on 3-12-1989 followed by reminders dated 3-7-1991, 10-3-1993 and 17-11-1994. Allegedly for the first time he received a reply dated 16-8-1995 whereby his request was rejected. Thereafter, he filed another appeal to the Prime Minister on 10-9-1995 which has not been responded and the appellant has come up before this Tribunal on 7-1-1996 asking for the salary of BPS-16 from 1-12-1980 to 10-12-1985. 3. We have listened to the arguments of the learned counsel for the appellant in preliminary hearing. The question of limitation is a fatal one in this case. The cause of action accrued to the appellant in 1980 and it continued till December, 1985. He did not ask for the salary of higher post till 1989, therefore, the period of appeal had already lapsed under section 22 of the Civil Servants Act, 1973 on 9-1-1986. It has been held in several precedents that when the appeal before the concerned department is…

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