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1989 SCMR 1631

MUHAMMAD ANWAR vs GOVERNMENT OF THE PUNJAB and others

Citation1989 SCMR 1631
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 252, 253, 254, 255, 256, 258, 259, 403, 404 and 408 of
Date1989-03-14
Judge(s)Ghulam Mujaddid Mirza, Saad Saood Jan
ResultPetitions dismissed

ORDER

' SAAD SAOOD JAN, J.--These petitions for special leave to appeal arise from the judgment of the Punjab Service Tribunal whereby the petitioners appeals were dismissed on the ground of limitation.

2. Prior to 1963, there used to be officials, known as registration clerks, in the establishment of the Deputy Commissioners to attend to the work of registration of documents under the Registration Act. In 1963, a separate cadre known as the West Pakistan Registration Department Ministerial Establishment was constituted and the registation clerks were inducted into the cadre. By a notification issued on 28-1-1979, the cadre was abolished and the registration clerks were reverted to the Establishment of the Deputy commissioner as before. Except Mian Shams-ud-Din who filed a writ petition in the High Court, the other petitioners filed civil suits to call in question the ligality of the notification. The writ petition of Mian Shams-ud-Din was dismissed as incompetent on the ground that his remedy laid with the Service Tribunal. He filed an intra-Court appeal which was dismissed on 30-9-80. The suits filed by the other petitioners were withdrawn from various Civil Courts of the Province by the High Court to itself and by an order dated 20-10-1981 a learned Single Judge rejected the plaints on the same ground. The petitioners then filed appeals before the Provincial Service Tribunal. As already indicated, the Tribunal dismissed the appeal as barred by time.

3. In support of these petitions it is contended that the petitioners had taken resort to the Civil Court and the High Court under mistaken legal advice and for that reason they were entitled, in computing limitation, to the deduction of the period which they had spent in pursuing their remedy in the Civil Courts or the High Court. The learned Tribunal examined this plea and for cogent reason rejected it. We find no basis to take a different view in the matter. These petitions are accordingly dismissed.

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