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Petitioner: MAOBOOL ALAM MAZARI VS Respondent: GOVERNMENT OF THE PUNJAB and others
Court Name: Supreme Court of Pakistan Judge(s): Shafi-ur-Rehman, Saad Saood Jan Title: MAOBOOL ALAM MAZARI vs GOVERNMENT OF THE PUNJAB and others Case No.: Civil Petition No, 898 of 1987 Date of Judgment:1989-08-01 Reported As: 1990 SCMR 1453 Result: Leave refused
Judgment ORDER ' SAAD SAOOD JAN, J.---The petitioner was an Assistant Director in the Labour Welfare Directorate. By a notification dated 22-5-1986 he was retired from service on completion of 25 years of service qualifying him for pension and other retirement benefits. He filed a writ petition in the High Court to call in question the legality of the order of retirement. Later he withdrew the writ petition and filed an appeal before the Punjab Service Tribunal. It was dismissed as barred by time. He now seeks leave to appeal from this Court. ' The petitioner filed the appeal before the Tribunal more than two months after the order of retirement was made where the prescribed period for this purpose was 30 days from the date of communication of the order. His appeal was, therefore, clearly barred by time. He sought condonation of the delay by alleging that the order of retirement had not been communicated to him. The learned Tribunal rejected this explanation after finding that he had within a fortnight of the passing of the order challenged its legality in the High Court through an incompetent writ petition. We can find no infirmity in the view taken by the Tribunal in this regard. Leave is refused.