| Citation(s) |
|---|
| 1990 SLG 1156 1990 SLD 1156 1990 SCMR 1541 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 736 of 1985, decision dated: 23rd July, 1989.
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
S.M. Tayab, Advocate Supreme Court and Ch. Mehdi Khan Mchtab, Advocate-on-Record for Petitioner. Ch. Fazl-e-Hussain, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for
Respondents.
Civil Petition for Leave to Appeal No. 736 of 1985, decision dated: 23rd July, 1989.
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
S.M. Tayab, Advocate Supreme Court and Ch. Mehdi Khan Mchtab, Advocate-on-Record for Petitioner. Ch. Fazl-e-Hussain, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for
Respondents.
MAZHAR HUSSAIN KAZMI
VS
THE FEDERATION OF PAKISTAN through the General Manager, Pakistan Railways and another.
Law:
Section:
Constitution of Pakistan (1973)-------Art. 212(3)---Leave to appeal---Petitioner seeking increments on basis of improvement of his qualifications, failed to show that improvement of qualification had necessarily entitled him to grant of increments as of right--Service Tribunal, held, rightly dismissed appeal of petitioner riled against Departmental appeal which was dismissed by Authority being hopelessly barred by time. JUDGMENT SHAFIUR RAHMAN, J.---The Petitioner, a civil servant, seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Federal Service Tribunal dated 29-4-1985 whereby his appeal against the denial of specified increments on improvement of his qualifications, was dismissed. 2. The Petitioner claims to be employed earlier in the Commercial Department and later in the Educational Department. When he entered service in 1961. he was a matriculate. He improved his qualifications by becoming a F.Sc. in 1964, a B.Sc. in 1966 and M.Sc. in 1970. He was under incentive scheme and claimed the increments allowable on such improvement of qualifications. The Service Tribunal examined the entire history of the case and found that the claim was untenable on the following ground:-- "The appellant having been refused payment went to the Civil Court on 3-7-1983, but the suit was dismissed for want of jurisdiction on 26-9-1984. The departmental appeal was filed on 12-11-1984, when the cause of action had admittedly accrued to the appellant on or before 3-7-1983, when he filed the civil suit. The departmental appeal, in these circumstances was hopelessly barred by time, as from the date of cause of action, only one month's period was available to the appellant. The learned counsel for the appellant…
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