Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Art. 212(3)---Appeal before Service Tribunal--Limitation---Civil servant was attending a training course abroad when he was promoted to next grade---Promotion order of civil servant was withdrawn due to his attending the training---Civil servant on his return filed departmental representation and being unsuccessful filed appeal before Service Tribunal---Appeal was accepted by Service Tribunal on the ground that the appeal filed by civil servant was not time-barred for the reason that the orders of promotion and its withdrawal were not conveyed to him---Validity---Judgment of Service Tribunal did not suffer from any illegality or from any misreading of the facts---Authorities failed to point out any illegality in the which was in consonance with the law laid down by Supreme Court---Leave to appeal was refused. Sh. Riaz-ul-Haq, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioners. S.M. Abdul Wahab, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Respondent. Date of hearing: 5th October, 2004. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---Petitioners seek leave to appeal against the judgment of the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) dated 10-8-2002, passed in Appeal No.2075(R) of 1999. 2. Brief facts leading to the present petition are that respondent was appointed as a Scientific Officer (BPS-17) w.e.f. 30-4-1983. He was selected for Degree Training Programme under BARD Project 1988-94 in Canada under CIDA sponsorship vide sanction letter, dated 13-4-1989 and one of the terms and conditions of the said training was that he would be treated on leave subject to title during training as well as in transit period. He was promoted to BPS-18 on 23-12-1993. In continuation of the said promotion order another office order, dated 29-12-1993 was issued authorizing the drawal of salary in BPS-18 by the officers who were promoted, including the respondent, as Senior Scientific Officers. Another corrigendum dated 30-12-1993 was issued, whereby respondent's name was ordered to be deleted from the list of the promotees…

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