Case Details

Citation(s)
2001 SLG 1768 2001 SLD 1768 2001 PLC 74
Service Tribunal, Punjab
Appeal No.42 of 1996, decision dated: 19-07-2000.
CH. MUHAMMAD SARWAR, MEMBER.

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Maulvi FAIZ MUHAMMAD

VS

PROVINCE OF PUNJAB and another

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S. 4(c)---Appeal---Limitation---Delay, condonation of---Civil servant who filed appeal with delay of 37 years had filed application for condonation of such inordinate delay in filing appeal contending that he had filed a suit in Civil Court which was dealt with up to the High Court and then to Supreme Court and point of jurisdiction was not touched---Jurisdiction was vested by law and not by Courts and ignorance of law was no excuse---Civil servant had litigated at all available forums but he was not granted relief claimed by him---No justification, was thus, left for condonation of delay---Even otherwise no appeal would lie to Service Tribunal against order or decision of Departmental Authority made at any time before 1st July, 1969 as provided under S. 4 (c) of Punjab Service Tribunals Act, 1974. M. Akhtar Munir Peerzada for Appellant. Muhammad Ashiq Bhatti, D.A. for Respondents. Date of hearing: 19th July, 2000. JUDGMENT This is an appeal under section 4 of Punjab Service Tribunal Act, 1974 against order dated 27-5-1959 whereby the selection of the appellant as Naib-Tehsildar candidate alongwith 7 others vide order dated 15-3-1958 of Commissioner, Bahawalpur Division was held contrary to rules on the subject at that time and was not implemented. Briefly stated the facts of the case are that the appellant was confirmed Kanungo in the year 1957. According to the existing rules at that time, the appellant was not eligible to appear in the Naib-Tehsilt(ar examination but Commissioner, Bahawalpur Division, Bahawalpur on 1-8-1957 recommended his case to the Secretary, Board of Revenue, West Pakistan to allow him to' appear in the said examination as a special case on the clear condition that he will not claim the post of Naib-Tehsildar on the ground of passing the departmental examination of Naib-Tehsildar. The appellant was allowed to appear in the examination and qualified the examination. 2. The Commissioner, Bahawalpur vide order dated 15-3-1958 selected the appellant alongwith 7 others as Naib-Tehsildar candidate. The order dated 15-3-1958 of Commissioner, Bahawalpur was cancelled by the orders of the Governor…
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