Case Details

Citation(s)
2003 SLG 942 2003 SLD 942 2003 SCMR 726
Supreme Court of Pakistan
Civil Appeal No. 503 of 1999, decried on 21st May, 2002. (On Appeal from the judgment, dated 15-11-1997 of Punjab Service Tribunal, Lahore passed in Appeal No. 831 of 1995)
NAZIM HUSSAIN SIDDIQUI, HAMID ALI MIRZA AND SARDAR MUHAMMAD RAZA KHAN, JJ
Nemo for Appellant. Muhammad Zaman Bhatti, Advocate Supreme Court for Responents

ASGHAR ALI

VS

DISTRICT & SESSIONS JUDGE, BAHAWALNAGAR and another

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Punjab Service Tribunals Act (IX of 1974)--- --S.4---Constitution of Pakistan (1973), Art.212(3)---Re-instatement in service---Back benefits, entitlement to---Leave to appeal was granted by Supreme Court to consider whether the civil servant was entitled to all back benefits when his retirement was found against law. (b) Punjab Service Tribunals Act (IX of 1974)--- ----S.4---Re-instatement in service---Back benefits, entitlement to--Service Tribunal allowed appeal of the civil servant and reinstated him in service and period between dismissal and reinstatement was treated as leave of the kind due---Contention of the civil servant was that he was entitled to back benefits from the date of his removal to the date of his reinstatement---Validity---Authorities conceded to the case of the civil servant---Civil servant was entitled to back benefits from the date of his removal to the date of his reinstatement---Judgment passed by the Service Tribunal was set aside---Appeal was allowed. Ali Nawaz v. Pakistan Railways through Chairman/Secretary and others 1999 SCMR 1873 fol. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J.---This appeal by leave of this Court is directed against the judgment, dated 15-11-1997 of learned Punjab Service Tribunal, Lahore, hereinafter referred to "the Tribunal", whereby Appeal No.831/1995 filed by the appellant was allowed and he was reinstated in service and period intervened between dismissal and reinstatement was ordered to be treated as leave of the kind…
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