Law:

Section:

Sacked Employees (Reinstatement) Act (XXII of 2010)--- ----Ss. 3, 4, 16 & 18---Sacked Employees (Reinstatement) Ordinance (XI of 2009), Ss.3, 4 & 10---Civil Servants Act (LXXI of 1973), S.11(1)(i)--- Constitution of Pakistan, Art. 199--- Constitutional petition---Sacked Inspectors (BS-16) in Federal Investigation Agency (FIA)---Reinstatement of petitioners in service in BS-16 instead of placing them one grade higher in capacity of Assistant Director (BS-17) on regular basis by counting their previous service---Validity---According to S.10 of Sacked Employees (Reinstatement) Act, 2010, while reinstating sacked employees, each of them would be offered one scale higher than previous scale wherefrom his services were dispensed along with re-designation---FIA was bound to offer post of Assistant Director (BS-17) to petitioners not as a matter of mercy, but in view of S. 10 of Sacked Employees (Reinstatement) Act, 2010---Reinstated sacked employee would not be entitled to seniority or other arrears of pay---According to. S.4(c)(iii) of Sacked Employees (Reinstatement) Act, 2010, reinstated sacked employee would be placed at bottom of seniority list of employer for scale, cadre, group, post or designation except entitlement provided by the said Act---While placing petitioners as Assistant Director (BS-17), they would be placed at bottom of seniority list and reckoned junior to all officers performing services in Grade-17 as Assistant Director prior to their induction' in service---Question of inter-se seniority between petitioners and such previous officers would be determined according to seniority rules---FIA while reinstating petitioners in service had misinterpreted law or deliberately violated the same---Petitioners were entitled to their claim of salaries and other service benefits as provided by S.16 of Sacked Employees (Reinstatement) Act, 2010---High Court directed FIA to redress grievances of petitioners within specified time, otherwise take action against officials found to be involved in violating the law. Lt. Cot. (R) Muhammad Siddique v. Federation of Pakistan and another Writ Petition No.389 of 2009 and Writ Petition No.1313 of 2010 rel.…

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