Law:

Section:

Service Tribunals Act (LXX of 1973)--S. 4----Constitution of Pakistan (1973), Art. 212(3)---Appeal---Limitation--­Res judicata, principles of---Application---Leave to appeal was granted to consider contentions that after the departmental appeal had been decided, civil servant filed appeal before Service Tribunal within specified time from the receipt of the order; and therefore, same was not barred by time; that an earlier appeal was filed before the disposal of the departmental appeal and, therefore, such appeal will not come in the way of the appeal filed after decision and disposal of the departmental appeal and that the earlier appeal had been dismissed for non-prosecution and, therefore, the question of res judicata would not arise. ---[Res judicata]. Haji Qadir Bux v. Province of Sindh and others 1982 SCMR 582 ref. Petitioner in person. Nemo for Respondents. Date of hearing: 21st June, 1995. ORDER SALEEM AKHTAR, J.---The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal, whereby his appeal was dismissed in limine holding that it was barred by time as well as hit by the principle of res judicata. 2. The petitioner was appointed as trained graduate teacher by order, dated 2nd December, 1969. He was allowed to go on deputation abroad in terms of agreement, dated 2nd August, 1975 for two tours of residential service each of not less than 18 months nor more than 24 months continuous residential service. According to the petitioner, his maximum agreed period of deputation would have expired on completion of four years in August, 1979, Respondent No. 3 issued a show-cause notice, dated 16th April, 1979 stating that the petitioner was on deputation for a period of 3 years with effect from 4-8-1975 to 3-8-1978 but on expiry he had' not reported for duty nor applied for extension of his deputation period which amounted to wilful absence from duty. He was required to report on duty immediately failing which strict disciplinary action would be taken against him. This notice was received by the petitioner on 10-7-1979 through the Embassy of Pakistan with covering letter dated 21-6-1979, According to the petitioner, he replied the…

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