' ALI HUSSAIN QAZILBASH, J.--This is a petition for leave to appeal against the order of the Federal Service Tribunal, Islamabad, dated 29-5-1984/14-6-1984.
2. Ajmal Hameed respondent was appointed as a temporary junior Engineer on 26-8-1974. He was sanctioned ex-Pakistan leave for three months effective from 1st April, 1976 or the date of availing for performing Umra and visit to holy shrines. The leave was actually availed of from 30-6-1976 and was to expire on 30th September, 1976 when he sent a telegram on 2-10-1976 for extension of leave from Tehran. This extension being in violation of his own undertaking was refused and he was informed by registered letter on 9-10-1976 that in case he did not join service within fifteen days, his services would be terminated. The respondent did not rejoin the service, therefore, vide letter dated 2-6-1977 he was served with a thirty days' notice whereafter his removal under section 17(1-A) of the WAPDA Act, 1958, was communicated and it became effective from 1-7-1977.
3. The respondent then submitted his resignation which was received by the relevant authority on 3-6-1977 and it was after three long years that he wrote a letter to the C.M.L.A. Which was sent for disposal to the Ministry of Water and Power on 1-4-1981. This appeal was also rejected on 15-9-1981.
From the above order the respondent was successful in obtaining a favourable order from the Federal Service Tribunal on 29-5-1984.
4. We have heard the learned counsel for the petitioner. He vehemently contended that the appeal before the Tribunal was hopelessly barred by time in that after submitting his resignation which was received by the relevant authority on 3-6-1977 the respondent did not agitate the matter for a considerably long time, therefore, the learned Tribunal has legally erred in ignoring this legal infirmity in the appeal before it.
5. After hearing the learned counsel for the petitioner we think the case requires consideration. We, therefore grant leave. Security Rs,2,000.
' Leave to .