| Case ID |
0aefd377-1f29-47e0-9f8f-148cd158c970 |
| Body |
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| Case Number |
Appeal No. 102/951 of 1976 |
| Decision Date |
Dec 24, 1979 |
| Hearing Date |
|
| Decision |
The appeal was dismissed based on the grounds of limitation and lack of merit. The Tribunal held that the appellant's claim for seniority and pay grade was barred by time, as the appeal was not filed within the stipulated period after the establishment of the Tribunal. The Court found that the appellant did not act with due diligence in pursuing the civil suit prior to approaching the Tribunal. The contention that the Chairman of the District Council's order was final and could not be set aside by the Inspector of Schools was rejected. Furthermore, the Tribunal concluded that the appellant's claims regarding the terms and conditions of service were not substantiated, leading to the dismissal of the appeal. |
| Summary |
In this case, Syed Zulfiqar Hussain appealed against the decisions made by the Inspector of Schools regarding his seniority and pay scale after the nationalization of schools under the West Pakistan Local Councils High Schools Ordinance. The Tribunal examined the provisions of the Punjab Service Tribunals Act and the relevant ordinances. The primary issues revolved around the limitation period for filing the appeal and the interpretation of the terms and conditions applicable to teachers post-nationalization. The Tribunal concluded that the appeal was time-barred as it was filed after the six-month limitation period, and there was no sufficient evidence to support the appellant's claims regarding his pay scale and seniority. The dismissal of the appeal underscores the importance of adhering to procedural timelines in legal claims and the necessity of substantiating claims with adequate evidence. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Government,
District Council, Lahore
|
| Judges |
M. Saleem Chaudhry,
Mazhar Munir,
S. Hafeez-ur-Rehman
|
| Lawyers |
|
| Petitioners |
Syed Zulfiqar Hussain
|
| Respondents |
Others,
Inspector of Schools, Lahore
|
| Citations |
1980 SLD 1335,
1980 PLC 120
|
| Other Citations |
Masood Ahmad v. Federation of Pakistan P L D 1976 S C 195
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
West Pakistan Local Councils High Schools (Taking Over) Ordinance (XV of 1970)
|
| Sections |
8,
5(b)
|