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GHULAM QADIR versus DISTRICT AND SESSIONS JUDGE, KHAIRPUR


The claim cannot be made about the appointment message in the civil service or the relaxation of the fixed age, which cannot be claimed as a discretion of the right to refer the government to the service of the gentleman offered in the public service. Claiming such service count for the purpose was denied by the service tribunal the Sindh Service Tribunals Act (XV of 1973), section 4

1980 P L C (C. S.) 679

[Service Tribunal Sind]

Present : Ghulam Rasool Sheikh, Chairman, Abdul Kadir and G, A. Mughal, Members

GHULAM QADIR

Versus

DISTRICT AND SESSIONS JUDGE, KHAIRPUR AND ANOTHER

Appeal No. 53 of 1978, decided on 28th February 1979.

Civil service‑

‑‑‑Age‑‑Appointment to civil service‑Condonation or relaxation of prescribed age‑Cannot be claimed as a right‑Discretion of authority to make reference to Government for relaxation‑Service rendered in not civil service/Government service Claim for counting such service for purpose of age‑Interference refused by Service Tribunal‑Sind Service Tribunals Act (XV of 1973), S. 4.

Aslam Jaffery for Petitioner.

ORDER

GHULAM RASOOL SHAIKH (CHAIRMAN).‑‑

The appellant seeks to count the service as copyist for the purpose of counting his age but this conten tion cannot be accepted as copyist is not a Government service and the age for the purpose of Government service has to be considered on the date when he was appointed as clerk. Admittedly he was overage on that date. However, it has been urged that the case of appellant should have been referred to Government for condonation of age, This cannot A be claimed as a right. It is discretionary with the authority to make any such reference or not. Refusal to refer the matter to Government is not', open to any exception,

Appeal is summarily dismissed.

Appeal dismissed.

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