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1984 SCMR 1416

Sufi SIDDIQUE AKBAR vs SECRETARY, F.W.L. and FISHERIES, PUNJAB

Petitioner: Sufi SIDDIQUE AKBAR VS Respondent: SECRETARY, F.W.L. and FISHERIES, PUNJAB

Court: Supreme Court of Pakistan Decision Date: 1983-10-12

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, M. S. H. Qureshi Title: Sufi SIDDIQUE AKBAR vs SECRETARY, F.W.L. and FISHERIES, PUNJAB Case No.:Civil Petition for Special Leave to Appeal No, 92-R of 1983 Case No,394/1861

of 1982 Date of Judgment:1983-10-12 Reported As: 1984 SCMR 1416 Result: Petition dismissed Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.-- Leave to appeal has been sought by a civil servant from judgment, dated 14-3-1983 of the Punjab Service Tribunal, whereby his service appeal was dismissed amongst others, on ground of limitation. ' Learned counsel argued that if 30-6-1982, the date when dismissal of petitioner's departmental appeal was communicated would have been taken as the starting point for limitation, his appeal could have been held as within time. The petitioner was denied the relief he claimed in his departmental appeal, since 1975. However, a special order in that behalf was passed on 5-6-1978 which was rightly been held to be the starting point for agitating the grievance in departmental forum and then before the Service Tribunal. The contention of the learned counsel that this order was in favour of the petitioner is not tenable, as para. 2(ii) of this order regarding petitioner's scale of pay in N.P.S. 6 effective since 1-1-1975, remained throughout as his grievance which was agitated before the Tribunal, as also during the arguments before us. His representations before filing regular departmental appeal on 1-11-1981, are of no avail to him for bridging the long gap of limitation period. The decision of the Tribunal on question of limitation being unexceptionable, we dismiss this petition without going into the other questions of merits involved therein.

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