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Appeal No. 85 of 1979, decided on 7th April 1980.

‑‑‑ S. 4--‑ Limitation ‑ Appellant aware of notification excluding his name from National Pay Scale No. 19 filing appeal to Chief Secretary after 1 months of issue of notification although required under law to file same within one month of that notifica tion.‑Appellant also tailing to approach Tribunal within 120 days of original order issued by a notification ‑-- Appeal being time barred, held, not competent, in circumstances.

Mr. Mazhar Ali Agha v. Chief Engineer, Highways and others Case No. 81 of 1979 ref.

This appeal has been filed under section 4 of the Sind Service Tribunals Act, 19713, rejecting the request of the appellant for grant of pay scale in 19 grade.

The appellant joined the Education Department as a graduate teacher on 3‑9‑1960. He passed B, T. in 1st Division in 1966, M. A, (Economics) 2^nd Division in 1967, and M. Ed. in 1st Division in the year 1969 and was taken up as lecturer in Sind Collegiate Education fan 16‑10‑1970. The Government of Sind advertised the post of Class I (Senior) in the pay scale of Rs. 875‑‑1,700 which is now said to be equal to Grade 19 in the pay scale of Rs. 2,255‑2,760. The appellant applied for one of the post and on recommendation of the Selection Committee constituted by the Govern ment he was selected under the Government notification dated 23‑11‑1972, and he joined the post as District Education Officer, Thatta can 29‑11‑1972, His appointment was regularized by the Governor with effect from 29‑11‑1972.

As a result of the introduction of the National Pay Scale Rules, 19574, representations were. made by some other Officers of School side and it was decided in 1978, to allow Grade 19 to the former S.E.S. Class I Officers of the Education Department who were drawing the same pay as the appellant was originally drawing in the final list leis name was included but subse quently on a letter front the Sind Public Service Commission regarding the suitability under M.L.O.‑55 the name of the appellant was deleted on tire ground that he was not declared suitable for the post he was holding at that, time. Consequently his name was excluded by the Government by notifica tion dated 30‑7‑1978. He made representation to the Secretary. Educa tion Department but his request was rejected by a letter crated 18.8‑1979. A departmental appeal was filed on 10‑9‑1979, err the Chief Secretary and after waiting for a period of 90 days he filed the present appeal on 18‑12‑1979.

We have heard the learned counsel for the appellant and we are of the view that this appeal is not maintainable for the simple reason that the appellant as stated in para. 4 of the memo. of the appeal, was aware of the notification dated 30‑7‑1978, excluding his name from the National Pay Scale No. 19 and he filed the appeal on 10‑9‑1979, to the Chief Secretary A although according to law he was required to file the appeal within one month of that notification. Consequently the appeal to the Chief Secre tary was time‑barred and, therefore, we have no hesitation in holding that the present appeal is not maintainable on that score.

Apart from this, he had to approach this Tribunal within 120 days of the original order which was issued by a notification dated 30‑7‑1978 as has been held by us in a number of cases and one such case is Appeal No. 81 of 1979 (Mr. Mazhar Ali Agha v. Chief Engineer,' Highways and others) which may be treated to be a part of this appeal and, therefore, the present appeal is barred by time on that ground also.

Appeal dismissed.

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