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1994 SCMR 1665

Mirza AFZAL BAIG vs SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF

Petitioner: Mirza AFZAL BAIG VS Respondent: SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF JUDGMENT

Court: Supreme Court of Pakistan Decision Date: 1993-12-31

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Saeeduzzaman Siddiqui, Muhammad Rafique Tarar Title:Mirza AFZAL BAIG vs SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF

JUDGMENT

Reported As: 1994 SCMR 1665 Result: Petition dismissed Judgment JUDGMENT ' MUHAMMAD RAF1Q TARAR, J.---Mirza Afzal Baig petitioner seeks leave to appeal from the judgment of the learned Federal Service Tribunal dated 3-8-1993 whereby his service Appeal No, 223-R of 1993 was dismissed. 2. The petitioner was appointed as Section Officer on ad-hoc basis in April 1975. He was placed on regular basis with effect from 4-3-1986 and continued till 2-6-1992 when he sought voluntary retirement from service. He maintained that some of his colleagues were promoted in BPS-18 and he was also entitled to same relief with effect, from 17-9-1986. He made an application to the Establishment Division on 21-11-1992 but without any response. Then he filed appeal before the Tribunal on 24-7-1993. Alongwith the appeal he filed an application for condonation of delay. The learned Federal Service Tribunal held that after filing the departmental appeal on 21-11-1992 the appellant Was required to file the appeal within 120 days but he filed the same much after the prescribed period and there 'was no good ground for condonation of delay. It was further held that the appeal was hit by proviso (b) to Section 4(1) of the Service Tribunal Act because it related to 'determination for promotion'. 3. We have heard the petitioner in person. He has not been able to point out any infirmity or legal error in the impugned judgment nor any question of public importance is involved. There is no merit in this petition and the same dismissed.

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