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Petitioner: GHULAM HAIDER CHANNA R VS Respondent: GOVERNMENT OF SIND And Another
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Abdul Qadir Sheikh Title: GHULAM HAIDER CHANNA R vs GOVERNMENT OF SIND And Another Case No.: Civil Petition for Leave to Appeal No.Q39/K of 1984 Date of Judgment:1987-02-19 Reported As: 1987 SCMR 1615 Result: Petition dismissed
Judgment ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the order of Sind Service Tribunal dated 29-7-1984 dismissing an appeal filed by the petitioner against the order of the Provincial Government dated 16-10-1976 retiring him from service on completion of 25 years of service qualifying for pension. The appeal was mainly dismissed on the ground that it was time- barred. Having been filed as late as 9th May, 1984 when the impugned order sought to be challenged was passed as long ago as 16th October, 1976. Petitioner who appears in person in support of the petition admits that he had not sought the normal remedy of appeal before the Service Tribunal against the impugned order of his retirement from service within the period of limitation, and that he however sought remedy under the provisions of Martial Law Order 23 and although the Review Board constituted under the Martial Law Order recommended the acceptance of the petition, yet the competent authority under paragraph 5 of the Martial Law Order rejected his petition and the order in this behalf was conveyed to him under letter dated 8-10-1978. The petitioner then sought several other remedies but all these failed and finally the appeal by him before the Service Tribunal was also dismissed mainly on the ground that it was barred by time. After having heard the petitioner in support of the petition, we find that no exception on facts or law can be taken against the view that have prevailed with the Service Tribunal in dismissing petitioner's appeal as barred by time. The petition is therefore dismissed.