ABDUL HAMID CHAUDHRY (MEMBER).-Shahid Hussain, Daftri of Health Department has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974 wherein he has impleaded the Govern--ment of the Punjab through Secretary Health, Lahore, the Director Health Services Punjab, Lahore and the Principal Rawalpindi Medical College, Rawalpindi as respondent. The appellant has prayed that the impugned order dated 3rd January, 1982 and order dated 24th November 1980 be set aside, and the appeal of the appellant be accepted with ' costs and the break in the service of the appellant be condoned with full benefits.
2. Brief facts of the case are that the appellant was working as a Daftri with Principal. Rawalpindi Medical College, Rawalpindi. The appellant applied for X-Ray Technician course at Nishtar Hospital, Multan. The appellant was allowed to receive X-Ray training in the Department of Radiology, Nishtar Hospital, Multan at his own expense by the Medical Superintendent, Nishtar Hospital, Multan vide his letter dated 18th July, 1978. The appellant was allowed to join the said X-ray training by the Principal, Rawalpindi Medical College, Rawalpindi, vide his order dated 5th August, 1978. In the meanwhile the matter was referred to the Government of the Punjab, Health Department, for orders in the matter. The Government of the Punjab, Health Department vide their letter No. SO (Admn.
III)-4-19/76, dated 10th April, 1979 addressed to the Principal, Rawalpindi Medical College, Rawalpindi, decided the appellant's case as follows :-- "(1) He be given earned leave.
(2) After training as X-Ray Technician he can seek a job afresh, since he had joined at his own without, seeking permission front Principal, Rawalpindi Medical College. He is a temporary employee and hence cannot be treated on deputation or on study tour under the regulations."
3. The learned counsel of the appellant submitted that as the appel--lant was allowed to join at Nishtar Medical College, Multan to improve his qualifications, hence on return from that course he should have been allowed to join at the place of his previous posting and his absence period of this training should have been treated as duty as per rules or he should have been allowed the leave as admissible to him. This period should have been considered period, in service and he should not have been appointed afresh after this course. Thus, rejecting the request of the appellant for condonation of this period is illegal and does not meet the ends of the justice. Controverting these arguments, the learned District Attorney submitted that the appellant went for training as X-Ray Technician at this own accord without seeking permission from Principal, Rawalpindi Medical College, Rawalpindi. Thus, a clear cut order dated 10th April, 1979 was issued by the Government mentioning that after training as X-Ray Technician, the appellant would seek a job afresh since he had joined at his own without seeking permission from Principal, Rawalpindi Medical College. He being a temporary employee could not be treated on deputation or on study tour under the Regulations. No doubt he was given earned leave from 6th August, 1978 to 2nd December, 1978 but later ors he absented himself from duty and remained absent upto 13th February, 1980 and his whereabouts were not known. He further argued that keeping this fact of his absence in view, he should have been proceeded under the Punjab Civil Servants (Efficiency and Discipline) Mules for this misconduct of being wilful absent from duty but Health Department has already been kind to him for allowing him again a job afresh in spite of his wilful absence. He was also a temporary employee when he left for training. The learned District Attorney further argued that there is no justification for condonation of the gap in his service for the period of his wilful absence, his request is uncalled for and without any merits. He also submitted that his appeal is time-barred and not maintainable. The appeal of the appellant was rejected by the Govern--ment vide order dated 22nd November, 1982 and conveyed to the appellant by the Health Directorate on 3rd January, but the appellant has preferred the appeal to the Tribunal on 14th March, 1982. Thus the appeal is not within time as .It was required to be submitted within 30 days of the date of the communication of the order of rejection of his appeal which was 3rd January, 1982 (Annexure J" with appeal) as mentioned above. The learned District Attorney concluded that this appeal is liable to be dismissed on this score alone.
4. We have given our anxious thoughts to the arguments put forth by the learned counsel of the appellant as well as the learned District Attorney and also perused the record. We agree with the learned District Attorney that the appeal is time barred and is not maintainable. As far as the merit is concerned we also agree with the learned District Attorney that there is clear cut order' of the Government conveyed vide No. SO (Admn. III)-4-19/76 dated 10th April, 1979 in this case which is reproduced as under :-
(1) He be given earned leave.
(2) After training as X-Ray Technician he can seek a job afresh, since he has joined at his own without seeking permission from Principal, Rawalpindi Medical College, Rawalpindi. He is a temporary employee and hence cannot be treated on deputation or on study tour under the Regulation."
According to these orders, he was given earned leave by the Principal, Rawalpindi Medical College, Rawalpindi, from 5th August, 1978 to 2nd December, 1978 and the appellant again joined as afresh appointee (Daftri) on 14th February, 1980 with the Health Directorate, Lahore. Thus he remained absent from duty from 2nd December, 1978 to 13th February, 1980 at his will and he did not bother to get any orders for this period from the competent authority. Thus, this is a case of wilful absence on the part of the appellant and there is no justification for the condonation of break in his service.
5. Keeping the above analysis in view, we hold that there is no merit in this appeal which is also not maintainable being barred by time and is dismissed as such.
There will be no orders as to costs.