Law:

Section:

Limitation Act (IX of 1908)--S. 5---Delay in filing appeal ---Condonation---Sufficient cause---Government cannot be treated differently than an ordinary litigant while considering the question as to whether sufficient cause has been shown for the condonation of delay under S.5, Limitation Act, 1908. Ch. Manzoor Elahi v. Federation of Pakistan and others PLD 1975 SC 66; Commissioner of Income-tax v. Rais Pir Ahmad Khan 1981 SCMR 37; Government of the Punjab through Secretary (Services), SGA&ID, Lahore and another v. Muhammad Saleem PLD 1995 SC 396 and Federation of Pakistan through Secretary, Ministry of Foreign Affairs and 5 others v. Jamaluddin and others 1996 SCMR 727 cited. JUDGMENT AJMAL MIAN, C.J.---By this common judgment we intend to dispose of the above three appeals, which have been filed with the leave of this Court against the orders dated 17-5-1995 passed by the Punjab Subordinate Judiciary Service Tribunal, Lahore established under the Subordinate Judiciary Service Tribunal Act, 1991 (Act XII of 1991) whereby on the statement of the then learned Advocate-General, Punjab, the appeals of the respondents were accepted and the termination orders of the respondents' services were set aside. 2. The brief facts are that the respondents were inducted into Subordinate Judiciary in the year 1989. Their services were terminated while they were on probation. They filed appeals before the Punjab Subordinate Judiciary Service Tribunal, which were allowed on 17-5-1995 for the aforesaid reasons. It appears that after the passing of the order under appeal, the High Court issued the posting orders in respect of the respondents in October 1995. It further seems that the matter was taken up by the Administration Committee on 28-10-1996. In the meeting it was resolved to file petition for leave to appeal whereafter the above petitions for leave to appeal were filed on 1-4-1997, which were time­ barred by 625 days in which leave was granted. 3. In support of the above appeals, Mr. Malik Muhammad Azam Rasool, learned counsel appearing for the Lahore High Court has vehemently contended that since the impugned order dated 17-5-1995 was without jurisdiction inasmuch as…

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