Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Absence from duty---Dismissal from service---Reinstatement by the Service Tribunal---Extension of same relief to the other employees---Scope---Petitioner along with other employees were dismissed from service through consolidated order---Departmental appeal filed by the petitioner was dismissed---One of the employees preferred appeal which was accepted by the Service Tribunal declaring the dismissal order as against the principles of natural justice---Petitioner filed representation to the department to grant him same relief which application was dismissed---Validity---Dismissal of employee on absence from duty would require a subjective approach involving evidence---Petitioner appeared to be habitual absentee from duty---Order of Service Tribunal was with regard to the employee whose date of absence was 2-10-2001 whereas that of petitioner was 30-10-2001---Case of petitioner was on different premises---Service Tribunal had not held that any employee absented himself on any ground might be reinstated in service by treating his absence as authorized absence---Benefit of passed by the Service Tribunal could not be extended to the petitioner as it was the in persona where specific relief had been allowed---Constitutional petition was dismissed in circumstances. Government of Punjab, through Secretary Education, Civil Secretariat, Lahore and others v. Sameena Parveen and others 2009 SCMR 1; Ahmad Din and another v. Government of Khyber Pakhtunkhwa Agricultural, Live Stock and Cooperatives Department Peshawar through Secretary and 3 others 2014 PLC (C.S) 806; Prof. Dr. M. Islam Gouhar v. University of Peshawar through Registrar and 5 others 2014 PLC (C.S) 265; Dr.Iqbal Jan and others v. Province of Sindh and others 2014 PLC (C.S) 1153; Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others PLD 2013 SC 195; Sadaqat Ali Khan v. Collector Land Acquisition and others PLD 2010 SC 878; Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185; Muhammad Sarwar Khan and others v. Government of Pakistan and others 1998…

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