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1999 PLC (C.S.) 644

MUHAMMAD ASLAM GONDAL vs INSPECTOR-GENERAL OF POLICE, ISLAMABAD

Citation1999 PLC (C.S.) 644
CourtFederal Service Tribunal
Judge(s)Muhammad Ismail, Noor Muhammad Magsi, Roshan Ali Mangi
ResultAppeal dismissed

ROSHAN ALI MANGI (MEMBER).---The competent Authority issued a Seniority list of the U.D.Cs. on 30-7-1995, inviting objections if any from the concerned persons so as to reach it within fortnight positively. Accordingly, the appellant who is at present working as U.D.C. in the office of Inspector- General of Police, Islamabad, also submitted his objections against the said list on 13-8-1995. In his objections he pleaded that his inter se seniority as L.D.C. (now U.D.C.) might be refaxed according to the order of merit under prescribed Ministerial Staff (Range/Hqs) Rules, 1964, rather than on the basis of date of joining the services as L.D.C. However, he was not responded to, even after the statutory period of 90 days. He has then filed this appeal before the Tribunal.

2. While going through the comments, filed on behalf of the private respondents, we found that the appellant had filed an Appeal No, 328(R) of 1995 previously for the same cause which was dismissed in limine by the Tribunal on the ground of time limitation vide order dated 10-9-1995.

3. Under the circumstances, it has become incompetent as it is hit by the principle of res judicata which has been pointed out and rightly by the respondents in their preliminary objections so filed.

Under the circumstances, without going into the merit of appeal we dismiss the same being incompetent under the law with no order as to costs.

4. Parties be informed.

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