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1985 SCMR 547

MUHAMMAD ANIS vs SECRETARY, MINISTRY OF COMMUNICATIONS And Other

Citation1985 SCMR 547
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 682-R of 1983 Appeal No. 175(R)/1981
Date1984-11-20
Judge(s)Nasim Hasan Shah, Aslam Riaz Hussain, Muhammad Haleem, Shafi-ur-
ResultPetition dismissed

ORDER

1. MUHAMMD HALEEM, C.J.-- The grievance of the petitioner was that the Tribunal while holding that he was "far senior" to respondents 3 and 4 in the "Technical Trade", but as he had not been correctly placed as Telecom. Technician at the the of his appointment on 8th September, 1960, therefore, he could not be selected for E.S. Course in accordance with 1963 Rules, which would have made him eligible for promotion earlier than both the respondents as being senior to them and he would have also earned all the financial benefits, yet failed to give the relief sought, i.e., of ante- dating his seniority and pay from 25th of May, 1965, when the respondents were promoted. In this connection we would also like to point out that the Tribunal also noted that by the decree of the civil Court dated 19th of April, 1973, he was restored his seniority and he was accordingly promoted as E.S. In 1975 but much later than it would have been the case otherwise The Tribunal while refusing to grant him the relief held that section 4(1)(c) of the Service Tribunals Act, 1974, barred any appeal against an order or decision of a departmental authority made at any the before 1st of July, 1969. Another reason for refusing relief was that these respondents were promoted E.S. In 1968 and early 1969, respectively, which promotion could not also be impugned for this reason.

2. Upon considering the bar of jurisdiction, we are of the view that the Tribunal was correct in refusing to grant the relief to the petitioner. The contention of the counsel for the petitioner that the orders sought to be impugned were those, dated 30th of April, 1981, and 23rd of August, 1981, rejecting the representation, dated 9th of September, 1975, were not hit by this bar of jurisdiction is again misconceived as it is the substance of the relief sought that is material and not the date on which the representation was made culminating in, the impugned orders.

3. Accordingly, the petition is hereby dismissed.

Cited by 1 case

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