1. MUHAMMAD HALEEM, C.J.--The Tribunal held the appeal to be barred by time. Besides it also considered the appeal on merits and held that as the petitioner had failed to clear himself from the Federal Public Service Commission, he cannot also claim to have been re-instated in service, and, therefore, his status could not be that of a civil servant so as to make him eligible to file an appeal.
2. As such the appeal was not maintainable although the Tribunal observed that if the Population Division thinks it fit, it can allow the petitioner to appear before the Federal Public Service Commission irrespective of the result of the appeal. The judgment of the Tribunal is, accordingly, unexceptionable in view of the judgment of this Court delivered in 1984 SCM R 759, (Federation of Pakistan and another v. Riaz Ahmad Baig and another), and others.
3. Accordingly, the petition fails and is dismissed.