Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 212(3)---Seniority---Promotion of civil servants continued to remain ad hoc---Leave to appeal to Supreme Court was granted to consider whether Service Tribunal was justified in holding that civil servants were not entitled to claim any seniority over the civil servants who were recruited on regular basis. (b) Sindh Service Tribunals Act (XV of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art. 212---Appeal to Supreme Court---Civil servants themselves acquiesced to the exercise of jurisdiction by the Service Tribunal by failing to raise objection before the Tribunal that Notification regularising the services of the co-civil servants could not be applied with retrospective effect---Civil servants fully participated in the hearing and allowed the Service Tribunal to decide the case on merits--­Effect---Civil servants having failed to raise the objection earlier before Service Tribunal, they could not be permitted to raise the objection for the first time before Supreme Court after the appeal had been disposed of on merits by the Service Tribunal. S. Ali Shah Naqvi v. Government of Sindh PLD 1979 SC 856; Ghulam Rasool v. Crown PLD 1951 FC 62; Ghulam Mohi-ud-Din v. Chief Settlement Commissioner PLD 1964 SC 829; Mst. Kubra Bibi v. Abdul Haq 1983 SCMR 737 and Ghulam Fatima v. Muhammad Hussain PLD 1976 SC 729 ref. (c) Sindh Service Tribunals Act (XV of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art. 212---Appeal to Service Tribunal ---Limitation---Condonation of delay---Interference by Supreme Court in appeal---Principles---Findings of Service Tribunal, on the question of limitation, accepting version of the civil servant, unless based on misreading of evidence, are not to be disturbed---Question as to condonation of delay being in the discretion of the Tribunal, the findings cannot be set aside on technical grounds alone---Where nothing contrary to the contention for condonation of delay was produced before the Tribunal, Supreme Court refrained from disturbing the findings of the Tribunal on the question of limitation as well. Muhammad Afzal v. Government of Punjab 1982 SCMR 408; Federation of Pakistan…

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