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Civil Petition for Special Leave to Appeal No. 92‑R of 1983, decided on 13th November, 1983.
(On appeal from the judgment of Punjab Service Tribunal, Lahore, dated 14‑3‑1983 in Case No.394/1861 of 1982).
‑‑‑Art. 212(3)‑‑Punjab Service Tribunals Act (IX of 1974), S.4‑‑Civil Services‑‑Appeal‑‑Limitation‑‑Decision of Service Tribunal on question of limitation found to be unexceptionable‑‑Leave to appeal refused. [p. 1416] A et seq
Muhammad Siddiq Siddiqi, Advocate Supreme Court and Advocate‑on -Record for Petitioner.
Nemo for Respondents.
Date of hearing: 13th November, 1983.
Leave to appeal has been sought by a civil servant from judgment, dated 14‑3‑1983 of the Punjab Service Tribunal, whereby his service appeal was dismissed amongst others, on ground of limitation.
Learned counsel argued that if 30‑6‑1982, the date when dismissal of petitioner's departmental appeal was communicated would have been taken as the starting point for limitation, his appeal could have been held as within time. The petitioner was denied the relief he claimed in his departmental appeal, since 1975. However, a special order in that behalf was passed on 5‑6‑1978 which was rightly been held to be the starting point for agitating the grievance in departmental forum and then before the Service Tribunal. The contention of the learned counsel that this order was in favour of the petitioner is not tenable, as para. 2 (ii) of this order regarding petitioner's scale of pay in N.P.S. e, effective since 1‑1‑1975, remained throughout as his grievance which was agitated before the Tribunal, as also during the arguments before us. His representations before filing regular departmental appeal on 1‑11‑1981, are of no avail to him for bridging the long gap of limitation period. The decision of the Tribunal on question of limitation being unexceptionable, we dismiss this petition without going into the other questions of merits involved therein.
S. Q. Petition dismissed.
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