| Citation(s) |
|---|
| 2001 SLG 1901 2001 SLD 1901 2001 PLC 486 |
Federal Service Tribunal, Islamabad
Appeal No. 136-K of 1997, heard on 19-05-1997.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, MUHAMMAD RAZA KHAN AND NOOR MUHAMMAD MAGSI, MEMBERS
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Appeal No. 136-K of 1997, heard on 19-05-1997.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, MUHAMMAD RAZA KHAN AND NOOR MUHAMMAD MAGSI, MEMBERS
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Syed ABDUL QAYYUM
VS
GENERAL, MANAGER, PAKISTAN RAILWAYS and 2 others
Law:
Section:
Service Tribunals Act (LXX of 1973)-------S.4---Appeal-.-Limitation for---Competency---Cause of action accrued to civil servant in 1987 when he was ordered to shoulder the responsibility of higher post while getting the financial benefits of lower one---Civil servant did not agitate issue in time, though a belated application was moved by him in 1988 but legal steps were not taken by him and service appeal was not filed under the law---Frequent subsequent applications were not permissible under the law nor did they create fresh cause of action for extension of period of limitation---Transitional arrangement of working against the higher post in his own pay scale came to an end in 1992, when civil servant was promoted to B-17 although on acting charge basis---Such occasion provided civil servant fresh opportunity for filing service appeal for the grant of pay of the post against which he had been working for almost 5 years, but he did not avail that either and continued to work against the post on acting charge basis---To agitate the entire issue of demanding the pay of the post with effect from 1987 and further move-over in 1991 after the lapse of almost 10 years from the previous or original cause of action was a bit too late----Period of limitation had been prescribed by the Statutes in number of days and not in months, whereas in case of civil servant an entire decade had passed without any .agitation in accordance with law--Appeal tiled by civil servant, thus, was barred by time and was incompetent. 1994 PLC (C. S.) 411; Muhammad Arshad Saeed, D. l:-G. Police v. Government of Pakistan 1994 SCMR 1033; Chairman, District Screening Committee, Lahore and another v. Sharif Ahmad Hashmi PLD.1976 SC 258 and Sharif Ahmad Hashmi v. Chairman, Screening Committee, Lahore and another 1978 SCMR 367 ref. M.A. Hasan Malik for Appellant. Date of hearing: 19th May, 1997. JUDGMENT MOOR MUHAMMAD MAGSI (MEMBER).---The appellant, Syed Abdul Qayyum, was working in Pakistan Railways as Foreman Grade-11, in 1987 when he was posted as Assistant Works Manager in his own Pay Scale. The initial appointment as Foreman was in B-16, whereas he was posted against the post carrying B-17…
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