Law: Azad Jammu and Kashmir Civil Servants Act, (VI of 1976)

Section: 17,22

Law: Azad Jammu and Kashmir Service Tribunal Act, 1975

Section: 4

Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- ----Ss. 17 & 22---Azad Jammu and Kashmir Service Tribunals Act (XXII of 1975), S.4---Refund of salary and other benefits drawn by the civil servant beyond the age of superannuation for which he worked---Civil servant had assailed the notifications through which, civil servant was retired from service with the direction that the salary and other benefits received by him after date of his retirement, would be deducted from his pension---Civil servant after a period of 42 years applied for correction of his date of birth entered in the service record, as per Identity Card and matriculation certificate---Application filed by the civil servant, having been turned down by the department, he filed appeal before the Service Tribunal, which was accepted---Judgment of the Service Tribunal was set aside by the Supreme Court---Departmental authority, after the of the Supreme Court retired the civil servant and ordered for recovery of the salary and emoluments received by him after date of his retirement i.e. about 9 months---Civil servant, after his retirement, had rendered extra/additional service for certain period on account of litigation before the judicial forums---Salary drawn during such period, could not be recovered from the civil servant, such period could be considered as "on contract"---No justification existed for recovery of salary drawn by the civil servant for the period he had performed his duties---Impugned notification was suspended to the extent of recovery of amount drawn by the civil servant after date of his retirement from his pension, till the final disposal of the appeal. PLD 1992 SC 207; 2000 PLC (C.S.) 480; 2001 PLC (C.S.) 1092; Azad Government and others v. Mrs. Jamshed Naqvi and others 2014 SCR 13; M. Younas Tahir and others v. Shaukat Aziz and others PLD 2012 SC (AJ&K) 42 and PLD 2009 SC 889 ref. THIS ORDER PASSED BY: AMEERULLAH KHAN MUGHAL, SENIOR MEMBER.--- This appeal has been directed against the impugned Notification dated 18.05.2016, through which the appellant has been retired from service with the direction that the salary and the other benefits received by the…

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