| Citation(s) |
|---|
| 1990 SLG 793 1990 SLD 793 1990 SCMR 796 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.135 of 1987, decision dated: 29-07-1989.
SHALUR RAHMAN AND SAAD SAOOD, JAN, JJ
Syed Abul Aasim Jafri, Advocate Supreme Court/Advocate-on-Record for Petitioner. Nemo for
Respondents.
Civil Petition for Leave to Appeal No.135 of 1987, decision dated: 29-07-1989.
SHALUR RAHMAN AND SAAD SAOOD, JAN, JJ
Syed Abul Aasim Jafri, Advocate Supreme Court/Advocate-on-Record for Petitioner. Nemo for
Respondents.
BASHIR AHMAD
VS
WAPDA through Chief Engineer (Coordination) and another
Law:
Section:
Service Tribunals Act (LXX of 1973)------S.4---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal---Correct view on question of limitation taken by Service Tribunal, held, would not call for interference. JUDGMENT SHAFIUR RAHMAN, J.---The Petitioner, an employee of the WAPDA, seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Service Tribunal dated 31-12-1986 whereby his appeal was held to be time-barred and not entertained. 2. The petitioner was Electrician Grade-II, and was retired from service by order dated 13-10-1985. He filed a departmental appeal to the General Manager who partly accepted it and modified it to the reduction in the Grade and to the minimum of that Grade. He filed another appeal before the Member (Power), WAPDA and this too was rejected on 6-4-1986. He filed thereafter an appeal before the Tribunal on 20-8-1986 which was taken to be time-barred and rejected. 3. Syed Abul Aasim Jafri, Advocate, the learned counsel for the petitioner contended that as a reduction in the pay of the petitioner had taken place, he had a continuing grievance against the order reducing the pay. For that reason his appeal before the Tribunal could not be termed as barred by time. 4. The order dated 5th of February, 1986. shows that while. setting aside compulsory retirement from service the substitutive order was passed in the following words:- "The order of his compulsory…
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