Law:

Section:

Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)-------S.4---Civil service ---Seniority---Promotion---Appeal---Limitation--­Period of limitation under S.4 of Azad Jammu and Kashmir Service Tribunal Act, 1975, would commence from the date of communication of the order to the aggrieved civil servant-- -Impugned seniority list was not circulated- as was proved from affidavit and evidence of appeal and her witness---Limitation against seniority list would commence from date when appellant got knowledge of the same---Promotion orders were issued in favour of contesting respondent in furtherance of impugned seniority list, without knowledge of appellant, could be questioned by her from date of knowledge---Service Tribunal was not justifier) in dismissing appeal of appellant on ground of limitation---Appeal having not been decided on merits, of Service Tribunal was set aside and case was -remanded to Service Tribunal for fresh decision in accordance with law. Inayatulah Chaudhry v. AJ&K Government and others 1990 PLC (C.S) 598; Naseebullah v. Mumtaz Khan and others 1993 SCR 44; Mirza Lal Hussain v. Custodian of Evacuee Property and others 1992 SCR 214; Syed Shaukat Hussain v. Secretary Establishment Division Islamabad and others 1995 PLC (C.S.) 21; Government of Punjab through Secretary Service and others v. Rao Shamsher Ali Shah and others 1992 SCMR 1388 and Ch. Muhammad Zaman v. Azad Government and 4 others 1996 PLC (C.S.) 901 ref. Abdul Rashid Abbasi, Advocate Supreme Court for Appellant. Kh. Attaullah Chak, Advocate Supreme Court for Respondent No. 1 and 2, M. Tabassum Aftab Alvi, Advocate Supreme Court for Respondents Nos.7, 8, 9 and 11. Date of hearing: 10th December, 2001. JUDGMENT KHAWAJA MUHAMMAD SAEED, J---This appeal is directed against the consolidated judgment passed by the Service Tribunal on 28-9-2000, whereby three Appeals No.67, 68 and 69 of 1997 separately filed by the appellant herein were dismissed on the ground that the same were time-barred. 2. The facts relevant for the decision of this appeal precisely stated are that the appellant herein assailed the promotion orders of respondents No.5 to 12 and Mst. Ansar Naseer and Bilqees…

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