Case Details

Citation(s)
1990 SLG 1152 1990 SLD 1152 1990 SCMR 1535
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 201 of 1986, decision dated: 23rd July, 1989.
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Nemo for
Respondent No. 1/Advocate-General. Nemo for
Respondents Nos. 2 to 40.

Dr. M.A.A. AZIZ, EXASSISTANT DIRECTOR, HEALTH SERVICES, PUNJAB, Lahore High Court

VS

PROVINCE OF PUNJAB through Chief Secretary,

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal--­Petitioner feeling aggrieved by decision of Authority regarding grant of promotion to other employees, lodged appeal before Service Tribunal 12 years after the cause of action had arisen---Hopelessly time-barred appeal was thus rightly dismissed by Tribunal---No question of law of public importance requiring further examination, having been raised, leave to appeal was refused. Government of West Pakistan v. AA. Aziz PLD 1964') SC 188 rel. Petitioner in person. JUDGMENT SHAFIUR RAHMAN, J.---The Petitioner, . a Civil servant who retired from service, seeks leave to appeal under Article 212'(3) of the Constitution against the judgment of the Punjab Service Tribunal dated 10-12-1985 whereby his appeal was dismissed in limine being time-barred. 2. The Petitioner was recruited to a post of Associate Professor of Psychiatry and Medical Officer Incharge, Punjab Mental Hospital, Lahore in the year 1955. , 'He was transferred from this post as Assistant Director, Health Services on 16th of October, 1979 and finally retired from service on 31-10-1983. The Petitioner, on account of seniority, experience and qualifications considered that he was entitled to be considered for promotion since 1-7-1973 when for the first time the occasion arose and on 4-7-1980 when for the last time while he was in service, such an occasion for promotion arose. He claimed from the Government due consideration of his claim and the grant of pro forma promotion but the same was, refused to him finally in September, 1985 and the very next month, he filed an appeal before the Service Tribunal. 3. The Service Tribunal disposed of the appeal of the Petitioner by observing as hereunder:-- "Without determination of merits of the case we have first to dispose of the preliminary objection of the respondent regarding the time-barred appeal. It is understood that apart from the fact that the seniority list was published on 2-1-1971 the up gradation of some posts of the general cadre was made resulting to promotion on 1-7-1973. Accordingly the appellant if he felt aggrieved after…
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