1987 PLP 1615 (SCMR)
GHULAM HAIDER CHANNAR Petitioner Versus GOVERNMENT OF SIND and another‑‑Respondents
| Citation | 1987 PLP 1615 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh and Mian Burhanuddin Khan, JJ |
| Parties | GHULAM HAIDER CHANNAR Petitioner Versus GOVERNMENT OF SIND and another‑‑Respondents |
| Primary Law | Sind Service Tribunals Act (XV of 1973)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 1615 (SCMR)?
This judgment primarily cites: Sind Service Tribunals Act (XV of 1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1615 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh and Mian Burhanuddin Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1615 (SCMR) (GHULAM HAIDER CHANNAR Petitioner Versus GOVERNMENT OF SIND and another‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondent.
- Date of hearing: 19th February, 1987.
Headnotes / Summary
(On appeal from the judgment and order of the Sind Service Tribunal at Karachi, in A. No. 30/1984, dated 29‑7‑1984). ‑‑‑S. 4‑‑Sind Civil Servants Act (XIV of 1973), S. 13‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑Appeal‑‑Limitation‑‑Time spent before other forum‑‑Retirement from service after completing 25 years‑‑Order impugned before Martial Law Authorities and other remedies sought‑ Petitioner seeking normal remedy by way of appeal before Service Tribunal after expiry of prescribed period of limitation‑‑Appeal dismissed as time‑barred‑‑Since no exception on facts or law could be taken against view that had prevailed with Service Tribunal in dismissing time‑barred appeal, leave to appeal was refused. Petitioner in person.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the order of Sind Service Tribunal dated 29‑7‑1984 dismissing an appeal filed by the petitioner against the order of the Provincial Government dated 16‑10‑1976 retiring him from service on completion of 25 years of service qualifying for pension. The appeal was mainly dismissed on the ground that it was time‑barred. having been filed as late as 9th May, 1984 when the impugned order sought to be challenged was passed as long ago as 16th October, 1976. Petitioner who appears in person in support of the petition admits that he had not sought the normal remedy of appeal before the Service Tribunal against the impugned order of his retirement from service within the period of limitation, and that he however sought remedy under the provisions of Martial Law Order 23 and although the Review Board constituted under the Martial Law Order recommended the acceptance of the petition, yet the competent authority under paragraph 5 of the Martial Law Order rejected his petition and the order in this behalf was conveyed to him under letter dated 8‑10‑1978. The petitioner then sought several other remedies but all these failed and finally the appeal by him before the Service Tribunal was also dismissed mainly on the ground that it was barred by time. After having heard the petitioner in support of the petition, we find that no exception on facts or law can be taken against the view that have prevailed with the Service Tribunal in dismissing petitioner's appeal as barred by time. The petition is therefore dismissed. M.I/G‑31/S Petition dismissed.