| Citation(s) |
|---|
| 1991 SLG 1795 1991 SLD 1795 1991 PLC 20 |
Federal Service Tribunal, Islamabad
Appeal No. 49(L) of 1985, decided on 16th September, 1990.
KHAWAJA ABDUL, JALIL AND CH. HASSAN NAWAZ, MEMBERS
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Appeal No. 49(L) of 1985, decided on 16th September, 1990.
KHAWAJA ABDUL, JALIL AND CH. HASSAN NAWAZ, MEMBERS
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KHALID FAROOQ
VS
GENERAL MANAGER, PAKISTAN RAILWAYS and 2 others KHALID FAROOQ vs GENERAL MANAGER, PAKISTAN RAILWAYS and 2 others
Law:
Section:
(a) Civil Servants Act (LXXI of 1973)---- ----S. 8---Service Tribunals Act (LXX of 1973), S.4---Civil Servants Appeal Rules, 1977, Rr.5(4) & 7(1)(c)---Departmental appeal---Limitation---Seniority List--Appellant challenging seniority of respondent having been shown above the name of appellant in Seniority List circulated by Authorities---Appellant also challenging promotion of respondent but representation of appellant was not placed on record and it was not known as to when it was filed---Nothing on record existed to contradict said fact---Representation was presumed to have been filed late and as such was rejected by Authorities as lime-barred---As to when promotion of respondent was challenged by appellant was not verifiable from the record---Appellant's representation was withheld and not forwarded to addressee on ground of it being time-barred---Order of Authority withholding representation on said ground, was thus unexceptionable as it was under no legal obligation to forward a time-barred representation. (b) Civil Servants Act (LXXI of 1973)---- ----S. 8---Service Tribunals Act (LXX of 1973), S.4---Seniority---Appellant challenging seniority of respondent on account of respondent's name shown above the name of appellant in seniority list---Respondent was appointed earlier than appellant and was also promoted earlier and there appeared nothing wrong in the seniority list as respondent was evidently senior to appellant---Held, appellant had no locus standi to challenge validity of seniority list which was in fact in accordance with dates of appointment of respondent and appellant. (c) Service Tribunals Act (LXX of 1973)-- ----S. 4---Civil Servants (Appeal) Rules, 1977, Rr.5(4) & 7(l)(c)--- Departmental representation---Appellant, a Prosecuting Sub-Inspector, Railways, filed a departmental representation through Inspector-General of Police, addressed to competent Authority---Representation was time-barred and no explanation for delay was given in application for condonation of delay---Inspector-General of Police, Railways, withheld representation being time-barred---Order of Inspector-General of Police was unexceptionable. (d) Pakistan Railways…
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