Law:

Section:

Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975)-------SA(1)(b) [as amended on 1-2-1999]---Appeal before Service Tribunal--­Limitation---Civil servant, after amendment in S.4, Azad Jammu and Kashmir Service Tribunal Act, 1975 could invoke the appellate jurisdiction of the Service Tribunal directly without first availing the departmental remedy against his grievance---Civil -servant despite same amendment, wasted considerable period by availing the departmental remedy and invoked appellate jurisdiction of Service Tribunal after more than five years from his grievance--Excuse expressed by the civil servant for said inordinate delay was that he was unaware that any amendment had been effected in the Act--­Validity---Service Tribunal had rightly ignored said explanation on the ground that ignorance of law was no excuse---Service Tribunal had rightly dismissed appeal being barred by time. Imdad Ali Mallick, Advocate for Petitioner. Date of hearing: 18th January, 2002. ORDER This petition for leave to appeal is directed against the judgment passed by the Service Tribunal on 29-9-2001. 2. The facts relevant for the decision of this petition for leave to appeal are that the present petitioner was inducted in the Agriculture Department of Azad Kashmir Government as Assistant Director on 3-9-1978. Later on a seniority list was prepared by the Department in which the petitioner was shown at Serial No. 15 whereas respondent No.4 was placed at serial No. 18. The correctness of this seniority list was never challenged by respondent No.4. Thus by lapse of time it attained finality. According to the petitioner, contrary to the spirit of law and the seniority list which was prepared by the Department, respondent No.4 without considering the merits of the petitioner was promoted in supervisory grad- of B-17 as Assistant Horticulture Officer vide Notification dated 7-6-1994. The petitioner moved a review petition before the Government and later on preferred an appeal, before the Service Tribunal. The same has been dismissed on the ground of limitation vide the judgment under challenge dated 29-9-2001.…

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