' JUSTICE (R) MUJEEBULLAH SIDDIQUI, CHAIRMAN.--- Heard Mr. Ghulam Sarwar Chandio learned counsel for the appellant. The learned counsel has conceded that there is no final order, original or appellate, as required under section 4 of the Sindh Civil Servants Act, 1973. The learned counsel for the appellant has stated that the appellant was awarded major penalty of dismissal from service and the said order was set-aside by this Tribunal vide judgment dated 18.06.2007 in Appeal No.107/2005. Although, no notification of reinstatement of appellant in service has been produced but the learned counsel has stated that immediately after the judgment of the Tribunal appellant was reinstated. There is a notification dated 02.09.2009 whereby the leave was granted for the period from 17.11.2000 to 26.06.2006 on half pay and thereafter from 27.06.2006 to 18.06.2007 as extra-ordinary leave without pay. Thereafter, in the year 2010 the appellant claimed arrears for the period from 17.11.2000 to 26.06.2006. The claim was forwarded to the Section Officer Education and Literacy Department by the Executive District Officer Education Repurchases vide letter dated 04.03.2010 (Annexure "A/3") with the memo. Of appeal. The Audit Officer had certified that claim was scrutinized and was found in order. It was forwarded to the Finance Department, Government of Sindh by the Education and Literacy Department vide letter dated 22.04.2010 (Annexure "A/4") with the memo. Of appeal. Thereafter, neither appellant submitted any representation for release of his salary nor the Finance Department passed any order accepting or refusing the bill forwarded to the Finance Department. After about 4 years, the appellant preferred an appeal with the Chief Secretary, Government of Sindh. It is provided under section 23 of the Sindh Civil Servants Act, 1973 that where a right to prefer an appeal or review in respect of any order relating to terms and conditions is provided to a civil servant under any rules applicable to him such appeal or application shall except as may be otherwise prescribed be made within 30 days of the such order.
It is further provided in rule 3 of the Sindh Civil Servants (Appeal) Rules, 1980 that any civil servant aggrieved by an order of the competent authority relating to the terms and condition of his service may within 30 days from the date of order prefer an appeal to the appellate authority.
2. Under the above provisions existence of an order for the purpose of preferring an appeal is sine qua non. Again it is provided in section 4 of the Sindh Service Tribunals Act, 1973 that any civil servant aggrieved by any final order whether original or appellate made by departmental authority in respect of any of the terms and conditions of his service may within 30 days of the communication of such order to him prefer an appeal to the Tribunal. It is further provided in proviso to section 4 that if an appeal or representation or review is preferred to the departmental authority and it is not decided within a period of 90 days such person may prefer appeal before this Tribunal.
3. Accumulative reading of all the above provisions show that at least one final order is necessary.
No particular form of the order is required under these proceedings. It may be a judgment. There may be an order. There may be a communication. There may be an intimation, or anything of this sort to show that the request or representation of a civil servant has been refused or declined.
Looking to the nature of proceedings under, the Civil Servants Act, 1973 and Sindh Service Tribunals Act, 1973, we are further of the view that such order may be expressed or implied from which it can be inferred that the competent authority has declined the request of the civil servant. We have asked the learned counsel for the appellant if the appellant took any action, made any representation or approached in any other manner to the Finance Department after April, 2010 for the redress of his grievance. The learned counsel has stated that the appellant has been trying hard but off the record. There is nothing on the record to show that any effort was made by the appellant for the redress of his grievances. It is salutary principle of law of administration of justice that the law and courts come to the aid of a person who is vigilant and not to the aid of person who is negligent or indolent. The documents produced before us clearly establish that the appellant had been sleeping over his right from the year 2010 to the year 2014.
4. We have all sympathies with the appellant but this Tribunal is court of law and it is not court of equity. The law of equity is not available in Pakistan. It is available in Britain only. In Pakistan, the courts of law exist and they are required to act in accordance with the law. Any person who approaches any court of law judicial or quasi-judicial, is required to bring his case within the parameters of law empowering the court to exercise jurisdiction.
5. We have asked the learned counsel for the appellant to move the Finance Department at-least once for the redress of his grievances and the appellant may intimate the Finance Department that if his representation which is pending for long and has already been delayed is not decided within a reasonable period of 90 days then it shall be treated that the Finance Department has refused to consider the grievance of appellant. In that case, at-least there would be an order of refusal though not expressly but implicitly and implicitly. That would also be treated as final order on behalf of Finance Department. The inaction on the part of Finance Department shall be deemed as refusal by the Finance Department. The appellant may file appeal before the appellate authority under the appeal rules and if the appeal is dismissed and order of the dismissal is communicated to the appellant or it remains UN-decided within the period of 90 days from the date of preferring the departmental appeal, the appellant may approach, this Tribunal for redress.
6. With the above observations the present appeal is held to be not maintainable in law and stands disposed of accordingly.