1. G. A. MUGHAL (MEMBER).-The appellant had made application on 25-7-1978 to the Civil Surgeon, Hyderabad for the grant of Permanent Travelling Allowance at the rate of Rs. 150 per month from June, 1978 onwards. The Civil Surgeon forwarded his application on 1-8-1978 to the Director, Health Services, Hyderabad for necessary action. Assuming that forwarding of his application to the higher authority amounted to denial of his request, he made a departmental appeal to the Director Health Services, Sind on 5-8-1978 and failing to get any reply from him, he has filed the present appeal under section 4 of the Sind Service Tribunals Act, 1973, on 31-3-1979.
2. The appeal suffers from the legal defect as no impugned order has been passed by the competent authority. It has merely been based on the assumption that the forwarding of his application amounted to denial of his request. Assuming that his request was turned down on 1-8-1978, he should have filed the present appeal by 28-11-1978, but he has filed it on 31-3-1979. Hence it is time- barred.
3. Even on merits it does not deserve consideration. The appellant has claimed Permanent Trevelling Allowance on the ground that he has to appear at local Courts at Hyderabad for medical evidence 4 or 5 days a week. According to rule 1.13 of the West Pakistan Travelling Allowance rules, the pay of Government servant is supposed to include the cost of maintaining a conveyance proper to his status and therefore, ordinarily he is not to .Be paid any Travelling Allowance for the journeys within 5 miles of his headquarters. He has not clarified whether the Courts which he attend are situated beyond 5 miles of his headquarters. The grant of Permanent Travelling Allowance is discretionary for the competent authority vide rule 383 of the Sind Civil Services rules Volume-I, Part-I, rule 26 of the West Pakistan Travelling Allowance rules and is not the condition of service to be agitated before this Tribunal. He cannot claim it as a matter of right.
4. In the circumstances the appeal is dismissed.