| Citation(s) |
|---|
| 1990 SLG 304 1990 SLD 304 1990 PLD 731 |
Supreme Court of Pakistan
Civil Appeal No. 215 of 1981, decision dated: 1st April, 1990.
SHAFIUR RAHMAN SAAD SAOOD, JAN AND ABDUL QADEER CHAUDHRY, JJ
Muhammad Nawaz Abbasi, Assistant Advocate General, Punjab and Rao Muhammad Yousaf Khan, Advocate-on-Record for Appellant. S. Inayat Hussain, Advocate-on-Record (absent) and Ch. Fazale-Hussain, Advocate-on-Record Nos. 1 and 2.
Civil Appeal No. 215 of 1981, decision dated: 1st April, 1990.
SHAFIUR RAHMAN SAAD SAOOD, JAN AND ABDUL QADEER CHAUDHRY, JJ
Muhammad Nawaz Abbasi, Assistant Advocate General, Punjab and Rao Muhammad Yousaf Khan, Advocate-on-Record for Appellant. S. Inayat Hussain, Advocate-on-Record (absent) and Ch. Fazale-Hussain, Advocate-on-Record Nos. 1 and 2.
GOVERNMENT OF THE PUNJAB through Secretary
VS
Dr. (Mrs.) SHAMIM RAZA BUKHARI and others
Law:
Section:
(a) Punjab Service Tribunals Act (IX of 1974)---S. 4- --Constitution of Pakistan (1973), Art. 212(3) --- Leave to appeal was granted to examine whether appeal riled before the Tribunal was at all competent and within time, in view of S. 4 of the Act. (b) Constitution of Pakistan (1973)---- ---- Art. 212 --- Appeal to Supreme Court by Provincial Government --- Respondent had retired and was not interested in contesting the appeal --- Question raised by the Provincial Government being a question of law of public importance, Supreme Court undertook to dispose of the appeal independently on merits and ex parte against the respondents. (c) Punjab Service Tribunals Act (IX of 1974)--- ---- S.4 --- Appeal- -Delay in filing appeal --- Condemnation --- Time is of essence in service matter --- Grievance of appellant arose in 1973 and most of the time that she wasted upto 1979 was directed in seeking relief from Martial Law Authority which could not be either categorised as departmental Authority or an authority in the hierarchy, superior to departmental Authority --- Such knocking at the manifestly wrong door and seeking not legal remedies but administrative remedies, held, could not justifiably be countenanced, condoned or ignored. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to the Government of the Punjab under Article 212(3) of the Constitution to examine whether the appeal filed before the Tribunal was at all competent and within A time, in view of section 4 of the Punjab Administrative Tribunals Act, 1974. 2. The factual aspect of the case is that Dr. (Mrs.) Shamirn Raza Bukhari, the respondent No. I who was the appellant before the Service Tribunal, was appointed as Assistant Professor on 1-6-1961 in the Institute of Hygiene and Preventive Medicine, Lahore. Dr. Nazir Alam Naru (respondent No. 2) was appointed Assistant Professor in the same Institute on 3-5-1966. In the year 1973, the post of Professor of Parasitology was required to be filled for which seven years teaching experience was also required. Respondent No. 2 was promoted against that post on 3-5-1973. The post of Professor of Bacteriology fell vacant in 1974 and Dr. (Mrs.) Shamim Razaβ¦
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