Law:

Section: 16,proviso

Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975)

Section: 4(1)(a)(ii),(b)(i)

(a) Punjab Civil Servants Act (VIII of 1974)--- ----S.16, proviso---Re-instatement in service---Arrears of pay--­Entitlement---Necessary for Court to determine, whether civil servant would be entitled to arrears of pay and, if so, to what extent: Muhammad Hafeez Javed v. Secretary Agriculture, Government of Punjab and another PLD 1992 SC 31 fol. (b) Punjab Civil Servants Act (VIII of 1974)--- ----S.16, proviso---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R.4(1)(a)(ii), (b)(i)---Constitution of Pakistan (1973), Art. 212(3)---Back-benefits, claim for---Compulsory retirement from service---Department partially accepted appeal, reinstated civil servant in service, but imposed penalty of stoppage of annual increments for two years and treated intervening period as extraordinary leave with pay--­Service Tribunal kept intact such penalty---Civil servant, who had retired on account of superannuation, claiming only back-benefits contended that he had 398 days leave to his credit, thus, Department should have treated period of his dismissal as leave without pay---Validity---Neither specific question had been raised before Service Tribunal nor proved that civil servant had remained idle throughout period of his dismissal---Such question could not be allowed to be argued for the first time before Supreme Court---Authority while setting aside dismissal/removal order had discretion to hold, whether civil servant was entitled to arrears of pay or not---Authority had not reinstated civil servant unconditionally--­Service Tribunal had kept intact such penalty---Civil servant had not challenged order of Tribunal to such extent---Order passed by Authority was in consonance with law---Supreme Court dismissed petition and declined leave to appeal. Muhammad Hafeez Javed v. Secretary Agriculture Government of Punjab and another PLD 1992 SC 31; Qadeer Ahmad v. Punjab Labour Appellate Tribunal, Lahore and another PLD 1990 SC 787; The Province of Punjab and others v. Muhammad Anwar 2001 PSC 690 and Abdul Hafeez Abbasi v. Managing Director, Pakistan International Airlines, Corporation and others 2002 SCMR 1034 rel. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.-This petition…

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