1. ' MUSHTAK Au I KAZ (CHAIRMAN).-The appellant was a displaced person from India. On consideration of his service in Police Department in India he was appointed as an Assistant Sub- Inspector of Police, Karachi on 29th June, 1948. In the year 1959 he was compulsorily retired on the recommendation of the Screening Committee and his retirement was with effect from 31st December, 1959. The appellant and others who were retired under the similar circumstances made a representation to the Government of West Pakistan. By an order of the then West Pakistan Government dated 4th December, 1969, the appellant and other Officers were ordered to be reinstated in service with all the consequential benefits under the law. The appellant was actually reinstated on 4th December, 1969. The order of re-instatement communicated by Deputy Inspector General of Police, Karachi contained an endorsement that the Superintendent of Police West Division, Karachi would disburse the arrears of pay etc. To the appellant who had proceeded on retirement from his Division. The appellant had retired on 1st January, 1970. Meanwhile the order of the Deputy Inspector-General of Police, Karachi was superseded by an order issued by the Home Department dated 28th March, 1972 that the arrears were not to be paid to the appellant and officers who had thus been reinstated in service. The appellant then made a representation to Secretary. Home Department, Government of Sind dated 14th September, 1975 enclosing the copy of the above letter for payment of arrears. Getting no redress he made a representation to the Provincial Inspection Team on 8th March, 1978, To this representation he got a reply dated 30th September, 1979 that his case has already been considered by the Government and it had been rejected. It is the case of the appellant that he actually received this last letter on 22nd October, 1979 and he therefore Sled the appeal under section 4 of the Sind Service Tribunals Act, 1973 on 15th November, 1979.
2. ' A preliminary objection has been raised by the A. A.-G. That the appeal is time barred. It has been argued that the decision of the Government of West Pakistan not to pay the arrears was made on 29th April, 1970 and this decision was reiterated by Government of Sind on 28th March, 1972. That there is no evidence of this decision having been communicated to the appellant individually though it was published in the Police Gazette but in any case since the appellant made a representation to the Secretary, Home Department against this decision on 14th September, 1975 and enclosed a copy of the decision as the impugned order, it could be presumed that the said decision came to his knowledge on or before 14th September, 1975. The period of limitation provided in section 4 would be 30 days from the date of that decision or the date of communication though on making the representation the appellant could wait for 90 days and then prefer an appeal. It has been argued by the learned A. A.-G. That since no appeal has been provided the appellant should have come before the Tribunal 30 days after 14th September, 1975.
3. ' It has on the other hand been argued by the learned counsel for the appellant that the impugned order of the Government of West Pakistan was passed in the year 1970 and the said order was adopted by the Government of Sind on 28th March, 1972. That under the 1962 Constitution under which the appellant was appointed, or the 1972 Interim Constitution which was in force when the orders were passed by the Government of Sind, a provision had been made for at least one departmental appeal against the said orders. In any case if the representation dated 14th September, 1975 to the Secretary Home Department is regarded as an appeal, the appellant could only wait for 120 days before filing the appeal before the Tribunal.
4. ' In any case since the impugned order had been passed by the Secretary Home Department, the appeal could not be preferred to the same authority but should have been addressed to the next higher authority namely, the Chief Secretary. Therefore this could not be regarded to be an appeal but it was merely a review petition in which case the appeal before the Tribunal should have been filed within 30 days from 14th September, 1975. Since no review petition was provided under the law any orders passed on the review petition could not be regarded as the final orders within the meaning of section 4 of the Sind Service Tribunals Act, 1973. It cannot therefore be maintained that the last communication received from the Home Department dated 30th September, 1979 was the appellate order giving rise to right of appeal before the Tribunal within 30i days of this communication. This order was simply in response to the representation made to the Chairman, Provincial Inspection leant which had no powers of appeal against orders passed by the Home Department.
5. Thus the decision of the Government of West Pakistan dated 29th April, 1970 and adopted by the Government of Sind in their order dated 28th March, 1972 became final and an appeal preferred against these orders before this Tribunal on 15th November, 1979 preferred against these orders before this Tribunal on 15th November, 1979 after 7 years will be 8 clearly time barred. The appellant could have preferred an appeal to the Service Tribunal within 12 months of its establishment which was on 24th November, 1973.
6. ' As a result of the above discussion, we find that the present appeal is clearly time barred. It is accordingly dismissed with no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.