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Case No. 58 of 1979, decided on 28th January, 1980.
‑‑ S. 25‑A (2) and (4)‑Grievance petition‑Limitation‑Period of 2 months and 15 days reckonable after date of service of grievance notice‑Petition filed one day after expiry of such period‑No application for condonation‑Petition, in circumstances, dismissed as time barred.
Date of Institution: 3rd July, 1979.
Muhammad Hussain has filed the present petition against the General Manager, Government Transport Service, Peshawar under section 25‑A of the 1. R. O., 1969, on 3rd July, 1979, wherein he has sought the setting aside of his dismissal order and his re‑instatement in service with full pay and allowances. The written statement was filed in which the preliminary objection was raised to the effect that the petition is not with in time.
When the evidence of the petitioner was closed, the learned counsel for the respondent, drew the attention of this Court to the preliminary objection of limitation and requested for adjudication of this issue on which according to him the fate of the present petition hinged. The learned counsel for the respondent has submitted that the petitioner was removed from service with effect from 22nd November, 1978. The petitioner submitted an appeal against his dismissal and he was reinstated vide the order No. 3018‑20/A. P. P., dated 31st January, 1979. The peti tioner, reported on duty on 3rd January, 1979, and was suspended on 4th January, 1979. The petitioner was eventually dismissed from service . on 14th April, 1979. The petitioner submitted a grievance notice on 16th April, 1979, copy Exh. P.W. 1/5 which was received on 17th April, 1.979, by the respondent. Now according to the provision of section 25‑h, sub sections (2) and (1), the petitioner, should have filed the present petition within 2 months and 15 days to be reckoned from 17th April, 1979, of the receipt of the grievance notice and when calculation is so made, the last date for filing the present petition would be 2nd July, 1979. The petition has been filed on 3rd July, 1979 and therefore the petition is time‑barred by one day. There is no condonation application attached to the petition and hence the preliminary objection is sustained and the petition is dismissed for being time‑barred.
Petition dismissed.
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