Law:

Section:

Constitution of Pakistan (1973)--Art.212(3)---Limitation Act (IX of 1908), S.5---Termination of service---Civil servant's departmental representation having been declined, he filed service`. y appeal, which was dismissed as time-barred---Civil servant had also filed application for condonation of delay before Service Tribunal on the ground that due to "unavoidable reasons" he was unable to file his service appeal within prescribed limitation---Service Tribunal found such ground as insufficient and dismissed appeal---Civil servant took the plea before Supreme Court that he was actually sick so he could not file appeal within prescribed limitation---Ground of sickness had not been taken before Service Tribunal---Supreme Court could not grant leave on a ground which was not even urged before Service Tribunal for the condonation of delay---Leave to appeal was refused in circumstances. Qazi Sardar Bahadur v. Secretary, Ministry of Health 1984 S C M R 177 ref. ORDER AJMAL MIAN, J.---Leave to appeal is sought against the judgment dated 23-12-1989 passed by the Federal Service Tribunal Islamabad, hereinafter referred to as the Tribunal, in Appeal No.310(R)/88 filed by the petitioner, dismissing the same on the, ground of limitation. 2. The facts to be noted are that on 13-6-1988 the petitioner was appointed as a Postal Clerk (B-7) in Gujrat Postal Division until further orders against a vacant post on the condition that his appointment was purely on temporary basis and his services could be terminated at any time without assigning any notice or reason. It appears that as the petitioner was at S.No. 7 in the list of the dependants of the employees of the department, he was not hopeful of being regularly appointed in a post in the said Division. He, therefore, applied to the Post Master General to be shifted to the Gujrat. G.P.O. which was separate . administrative unit. Thereupon, he was asked to appear before the Selection Committee, pertaining to G.P.O., Gujrat Division. However, he did not appear before the said Committee. Thereupon his services were terminated by an order dated 20-7-1988. Against the above order, the petitioner filed…

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