| Citation(s) |
|---|
| 2005 SLG 999 2005 SLD 999 2005 PLC 1092 |
Service Tribunal, Sindh
Appeal No.287 of 2002, decision dated: 14-03-2005.
JUSTICE (RTD.) ABDUL GHANI SHAIKH, CHAIRMAN AND NUR AHMAD SHAH MEMBER-I
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Appeal No.287 of 2002, decision dated: 14-03-2005.
JUSTICE (RTD.) ABDUL GHANI SHAIKH, CHAIRMAN AND NUR AHMAD SHAH MEMBER-I
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Haji PEER BAKHSH
VS
UNION COUNCIL BOLHARI, BOLHARI, TALUKA KOTRI, DISTRICT DADU through Nazim and 2 others
Law:
Section:
West Pakistan Civil Servants Pensionary Rules-------Rr. 2.2, 2.3, 4.1, 4.4, 4.5(2) & 4.6---Sindh Service Tribunals Act (XV of 1973), S.4---Civil service---Pensionary benefits---Claim for---Appeal to Service Tribunal---Appellant had claimed pensionary benefits on plea that he had put in more than 10 years in service---Appellant was appointed when he was fifty years old only as a grace as he was too old for initial appointment to any Government service---Appellant was appointed as helper on 2-4-1988 and his. date of birth was 1927 and in view of said date of birth appellant had reached superannuation before his appointment in 1988---Appointment of appellant, in circumstances itself was vitiated and it was an act of pure grace, if not favouritism and thus his plea of pensionary benefits for a patently improper and irregular appointment, deserved to be discouraged, nay, repulsed---Appellant did not file departmental appeal before approaching Tribunal---Appeal filed by appellant did not conform to the requirement of S.4 of Sindh Service Tribunals Act, 1973---Even otherwise appellant had agitated against his retirement order after about four years, which was obviously time-barred. 1997 SCMR 1477 and 1999 SCMR 255 ref. Ansari Abdul Latif for Appellant. Tabasum Ghazanfar, Asstt. A.-G. for Respondent No.3. Rasool Bux Unar for Respondents Nos. 1 and 2. Date of hearing: 25th October, 2004. JUDGMENT NUR AHMAD SHAH (MEMBER-I).---This is an appeal under section 4 Sindh Service Tribunals Act, 1973. 2. The facts are: The appellant was appointed as well-man-cum-Helper in Union Council Bolhari on 2-4-1988. On reaching the age of superannuation he retired from service on 16-1-1999. He claimed pensionary benefits on the plea of having put in more than 10 years service, and made several representations in this behalf but in vain. Hence this appeal. The respondent No.1 controverted the appellant's claim on the ground that he was appointed when he was already advanced in age only as a grace; that the appeal is time-barred and that the appellant did not file a departmental appeal before approaching the Tribunal. The appellant submitted an application for condonation of delay…
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