Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3

Law: Service Tribunals Act, 1973

Section: 4

Removal from Service (Special Powers) Ordinance (XVII of 2000)---   ----S. 3---Service Tribunals Act (LXX of 1973), S.4---Compulsory retirement---Appeal---Counsel for authorities had stated that they were prepared to reinstate appellant in accordance with the of Service Tribunal, but they could not do so because appellant was not willing to refund the gratuity/commutation/pension drawn by him as required under the provisions of the Civil Pensioners Rules No.2605 2606/C.S. R.511 512---Tribunal, however observed that said Rules were applicable in the case of re-employment in service and were not relevant in the case wherein appellant was ordered to be reinstated in service---Appellant who was liable to refund said amount, had stated that he was unable to do so in lump sum, because he was unemployed ever since his compulsory retirement---In order to resolve the matter, it was decided that appellant would be re-instated in service with effect from the date of his compulsory retirement; that since according to of the Tribunal payment of back benefits would depend on out come of the fresh proceedings, period of his un-employment to the date of , could be treated as leave of the kind due, however, if. appellant was exonerated in the de novo proceedings, he would become entitled to receive the full consequential back benefits; that period from date of would be treated as on duty in accordance with the of the Tribunal; that emoluments accruing to the appellant would be adjusted against the amount disbursed to appellant on account of gratuity/commutation/pension; that remaining balance, if any, to be recovered from the appellant would be refunded to appellant in .monthly instalments and that since appellant would be actually reinstated in service he would not receive any pension etc.---Authorities were directed to comply with said orders and finalize the de novo inquiry within specified period. ORDER Learned counsel for the respondents has stated that they are prepared to reinstate the petitioner in accordance with the judgment dated 13-5-2005 of the Federal Service Tribunal but they are unable to do so because the petitioner is not willing to refund the…

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