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Case No. 537 of 1985, decided on 26th August., 1986.
---S. 4--Limitation--Seniority matter--Representation finally rejected by competent authority in 1971--Appeal filed in 1985 dismissed being hopelessly time-barred.
Zafar Ali Shah for Appellant.
. --Muhammad Azmat, Junior Clerk, Excise and Taxation Office, Rawalpindi has filed this appeal under section 4 of the Punjab Service Tribunals Act, in which he has impleaded the Province of the Punjab (Address for service- Director Excise and Taxation, Rawalpindi Division, Rawalpindi) and 12 others as detailed above as respondents.
2. By virtue of this appeal, the appellant has prayed that he be declared senior to the contesting respondents in view of the length of his service.
3. The case has been heard at the stage of preliminary hearing and the comments of the Department have been perused at length.
4. We have heard the learned counsel for the appellant at length. He has submitted that the appellant although belongs to O.P.M. Wing but the O.P.M. Wing is not a separate Wing of the Excise Department but is part and parcel of the above structure. He has vehemently argued that the appellant being a senior person, being earlier in service in the said Wing could not be attributed seniority from the date when he joined the Excise Department at Rawalpindi under order of the Government. He has made a grievance that although the appellant is senior to all the contesting respondents so made by him in appeal but he has been allocated a very junior position.
5. This Tribunal has examined the record of this case and find that the appellant opted to be a Junior Clerk keeping a senior post at Peshawar and an order was issued in this respect on 29-6-1968 which was duly communicated to him. According to the said order, which is on record, the appellant was told that he would be placed as Junior Clerk instead of 'Senior Clerk at his own option and his lien would stand terminated from Peshawar O. P. M. Wing. The record of this case further disclose that he made a representation against this treatment on 13-8-1969 which was duly rejected on 29-9-1969 when it was held that if at all he had any grievance he can go back to Peshawar and join the O.P.M. Wing in which he was already working. Against this rejection he made an appeal to the learned Commissioner, Rawalpindi who vide his order, dated 8-6-1971 dismissed his appeal holding thereby that such like matter lie within the purview of the Service Appellate Tribunal and he should take the recourse accordingly. The record of this case disclose that the appellant kept silent, accepted this decision as well as the final one made by the Commissioner in 1971 and suddenly has come before this Tribunal in 1985 to claim that he should be declared senior to all the contesting respondents.
6. We afraid with this history of the case, the appellant cannot be allowed to agitate a matter which has become to close since 1969 and ultimately in 1971. This being the position, the appeal before this Tribunal is hopelessly time-barred and is dismissed accordingly in limine.
A. E. Appeal dismissed.
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