' M. SALEM CHAUHDRY (CHA1RMAN).-The appellant was working as Senior English Teacher in Sir Syed High School, Mandi Bahauddinli, before nationalization. On nationalization his status was determined as Headniaster. His pay was fixed as Headmaster on 30th November, 1972. The pay bill submitted by him was returned by the District Accounts Officer, Gujrat vide his letter dated 23rd December, 1972 with the remarks that the petitioner is no more a Headmaster vide order dated 14th December, 1972 of the Director of Education, Rawalpindi. This decision was confirmed by the Inspector of Schools, Rawalpindi. The petitioner made an application on 16th May, 1973 to the Inspector of Schools, Rawalpindi, for the redress of his grievance. The appellant filed a Civil Suit and later on a Revision Petition No, 31 of 1978 in the High Court. This petition was dismissed in limine on 21st May, 1978. The petitioner received a copy of the judgment of the High Court on 19th June, 1978 and the appeal was filed in the Service Tribunal on 7th September, 1978. The appellant and his counsel was asked to explain the long delay in filing the appeal after the decision of the High Court.
The counsel stated that the appeal had to be filed within 90 days of the decision of the High Court.
2. We have given careful consideration to the contentions raised by the appellant. We regret or inability to agree with the same. In the first instance the law is well established that the abatement takes place by operation of law. In this case the abatement was to be conditioned only by the fact of the establishment of the Punjab Administrative Tribunal, which started functioning on 22nd July, 1974. As such in law the abatement took place on 22nd July, 1974. Even formally the abatement was ordered by the Trial Court on 29th April, 1975 when the limitation of 90 days prescribed under section 8 of the Punjab Service Tribunals Act, 1974, had already run out, but still the appellant chose to contest the abatement order before the Additional District Judge, Gujrat, who rejected his appeal on 14th September, 1976 and finally before the Lahore High Court vide Revision Petition No, 31, which too was rejected on 21st May, 1978. Admittedly, the appellant got the copy of the High Court order on 19th June, 1978 when the limitation had already run out. In the circumstances, the appellant's stance is apparently untenable that he was entitled to avail the period of 90 days from the order of High Court as a matter of right. He was rather required to approach this Tribunal without losing any time. But he took about 80 days to approach this Tribunal which by no standard could be considered as reasonable period. We are, therefore, not inclined to accept the explanation of the appellant which is unsatisfactory. Hence the appeal is dismissed in limine.