Law:

Section:

Sindh Service Tribunals Act (XV of 1973)--S.4---Appeal---Limitation---Appeal must be filed within 30 days from the expiry of waiting period of 90 days i.e. a clear period of 120 days for filing appeal before the Service Tribunal is available to a civil servant. Muhammad Siddique v. Mian Amir Khisro and 2 others 1985 SCMR 1.848; Fazal Elahi Siddiqui v. Pakistan through Secretary, Establishment Division and .2 others PLD 1990 SC 692; Federation of Pakistan v. Muhammad Azim Khan and others 1989 SCMR 1271; Syed Shamshad Hussain v. The Controller of Post Offices, Karachi and 2 others PLD 1987 SC 256; Shabir Ahmed v. Azad Jammu and Kashmir Government through its Chief Secretary, Muzaffarabad and another 1997 PLC (C.S.) 478 and Rehmat Ullah Zia v. Aziz-ud-Din Qureshi and others 1998 PLC (C.S.) 132 ref. Abdul Sattar Mughal, Advocate (with Special Permission of the Court) for Petitioner. Saleem Samo, Additional Advocate-General for Respondents (on Notice). A. Kadir Khan, Advocate: Amicus curiae. Date of hearing: 26th January, 1999. JUDGMENT AJMAL MIAN, C.J.---By this common judgment we intend to dispose of above two petitions as they involve identical points of law on the question of limitation. The above petitions are directed against two orders both, dated 20-7-1998 passed by the Sindh Service Tribunal (hereinafter referred to as the Tribunal) in Appeals Nos.79 of 1998 and 80 of 1998, dismissing the petitioners above appeals on the ground that the same were time-barred. 2. The brief facts are that both the petitioners have been working as S.L.T. and H.S.T. in the High Schools, Government of Sindh, Karachi. They considered themselves qualified and eligible to be considered for promotion against the posts of Headmaster, subject specialist and S.D.E.O. treating at par with the high school teachers, according to recruitment rules against 75 % promotion quota. The petitioners filed departmental representation, which were rejected on 21-11-1997, whereupon they filed departmental appeals, dated 18-12-1997. Since the above appeals remained pending, they filed above Service Appeals before the Tribunal within 90 days of the filing of the above departmental appeals but the same…

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