RAJA BASHIR AHMAD KHAN (CHAIRMAN).---This appeal is directed against the Notification No. Admin/A-1(34) 5th Section/92, dated 9-1-19)2 whereby the inter se seniority of Section Officers was finally fixed.
2. Briefly stated the facts are that appellant appeared and qualified for appointment as section officer in the year 1990. He was approved by the Public Service Commission but was however, not recommended for appointment as such and he was obliged to invoke the writ jurisdiction of the High Court The High Court was pleased to direct that in the light of the merit of the petitioner, requisite recommendations shall be sent to the Government for his appointment as Section Officer.
The Public Service Commission sent its recommendations to the Government and resultantly Notification No Admin/A-1(16) 2nd Section/92, dated 27-6-1992 was issued. This Notification was given effect from the date of the joining report of the appellant. After joining the service appellant submitted a review petition to the Government for amendment of impugned Notification. The review application of the appellant is pending decision with the Government and the appellant has filed this appeal after waiting for statutory period of ninety days from the date of filing his review application.
3. In the meantime Government issued another Notification No. Admin/A-I(34) 5th Section/93 on 26-8-1993. The name of the appellant was entered at Serial No. 27 whereas in his review petition the appellant had requested for placing him at Serial No. 21.
4. Respondents have denied the facts stated in the memorandum of appeal and have alleged that appellant is not an aggrieved civil servant.
5. We have heard the learned counsel for the parties and have gone through the record.
6. It is an admitted position that the name of the appellant has been included at Serial No. 27 in the subsequent seniority fist. During the course of arguments it transpired that appellant has not challenged Notification No.Admin/A-1 (34) 5th Section/93, dated 26-8-1993 before this Tribunal.
The appellant when confronted with the situation stated that he had, in fact filed a review petition before the Government against this Notification but he failed to prefer an appeal before this Tribunal and statutory period of ninety days has since elapsed. The appellant has filed a review petition before the Government against the subsequent seniority list but has failed to file an appeal before this Tribunal within the statutory period of ninety days from the date of filing of his review petition. The result is that this appeal has been rendered infructuous on account of the failure of the appellant to file appeal against the subsequent Notification before this Tribunal.
7. We therefore, declare that this appeal has become infructuous and liable to be dismissed. We order accordingly. The parties shall bear their respective costs.