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Civil Petition for Special Leave to Appeal No.694 of 1978, decided on 22‑11‑1982.

(On appeal against the order and judgment of Punjab Services Tribunal, Lahore dated 12‑9‑1972 in Case No.212/742 of 1976).

‑‑‑Art.212 (3)‑‑Punjab Service Tribunals Act (IX of 1974), S.4‑‑Tribunal dismissing; appeal of petitioner as time‑barred‑‑No fault found with order of Tribunal‑‑Leave to appeal refused.

Karamat Nazir Bhandari, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate‑on‑Record for Petitioner.

S. Ijaz Ali, Advocate‑on‑Record for Respondents. Date of hearing: 22nd November, 1980.

The petitioner who was Superintendent in the Office of the Commissioner, Rawalpindi Division and was to attain the age of superannuation (55 years) on 10‑4‑1977 applied to the Commissioner on 7‑1‑1972 for leave preparatory to retirement for one year. He proceeded on said leave from the 11th of April, 1972. On the enforcement of the Interim Constitution the age of retirement was raised to 58 years and consequently on 11‑7‑1972 he applied for cancellation of his L.P.R. The request was turned down as were representations made by him to various authorities. Finally on 19‑1‑1976 the Board of Revenue put a seal of approval on the L.P.R. The petitioner filed an appeal before the Service Tribunal, Lahore, on 5‑7‑1976. The appeal was patenly time‑barred and since there was no application for the condonation of delay, the appeal was rejected.

2. It has been submitted by the learned counsel for the petitioner before us that no final order had been passed by the Commissioner and there was, therefore, no delay. This is a preposterous proposition. The Commissioner had passed a final order in the case and it was after that the party knocked the doors of other authorities. We find, therefore, no fault with the order of the Service Tribunal and dismiss this petition.

S.Q. Leave refused.

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