Case Details

Citation(s)
2004 SLG 1647 2004 SLD 1647 2004 PLC 1011
Supreme Court (AJ&K)
Civil P.L.A. No.219 of 2002 decided on 9-12-2002. (On appeal from the judgment of the Service Tribunal dated 22-6-2002 in Appeal No.413 of 2000).
MUHAMMAD YUNUS SURAKHVI, CJ

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Kh. SIAB KHALID

VS

SECRETARY, FORESTS and 5 others

Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-------S.42(12)---Petition for leave to appeal---Limitation---Civil service--­Petition for leave to appeal was barred by limitation of two days for which neither any explanation whatsoever had been furnished, by petitioner nor application for condonation of said delay had been filed by him---Petitioner also did not make any verbal request for condonation of said delay---Delay of each day had to be explained by party who had been negligent to file petition/appeal beyond the period of limitation--­Petitioner having failed to explain delay in filing petition, petition being barred by limitation was dismissed, in circumstances. Mehboob and another v. Muzaffar Din 1992 SCR 338; Azad Government of the State of Jammu and Kashmir through its Chief Secretary v. Ch. Muhammad Latif PLD 1983 SC (AJ&K) 70; Havaldar Retd. Ali Hassain Khan and others v. Muhammad Suleman Khan and others Civil P.L.A. No.215 of 2002 and Vice Chancellor and others v. Raja Fazal Hussain Rabbani 2002 MLD 1209 ref. Ashfaque Hussain Kiani, Advocate for Petitioner. Date of hearing: 9th December, 2002. ORDER This petition for leave to appeal has been directed against the judgment passed by the Service Tribunal on 22-6-2002, whereby the appeal filed by the petitioner herein was dismissed for want of sufficient proof. 2. The necessary facts, giving rise to the present petition for leave to appeal, are that the petitioner according to his own version was inducted in Forest Department as a Forester on the recommendations of the Selection Committee vide order Book No.87 for the year 1994-95 issued vide order of Conservator of Forests (respondent No.3) under No.3887-90 dated 30-6-1995. The appointment of the petitioner was made against the permanent post of normal budget where against he joined his duties and completed the probationary period successfully. Consequently the petitioner remained serving as a permanent employee of the department to the full satisfaction of his superiors. On the other hand, certain people were inducted as Foresters purely on temporary and contract basis against the scheme known as 'NRMP' which scheme was for a…
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