Law: Punjab Subordinate Judiciary Service Tribunal Act, 1991

Section: 5

Punjab Subordinate Judiciary Service Tribunal Act (XII of 1991)--- ----S. 5---Judicial officer---Dismissed from service---Reinstatement---Employee having remained gainfully employed during the intervening period of dismissal---Back benefits, grant of---Procedure was reinstated into service by the Service Tribunal---Judicial officer moved representation for grant of back benefits along with affidavit demonstrating the amount earned by him from the date of dismissal to the date of reinstatement---Authority dismissed the said representation on the ground that employee remained gainfully employed during the period of dismissal---Validity was entitled to the back benefits including salary for the period he remained out of service on account of dismissal which was termed as wrongful by the Service Tribunal---Judicial officer was entitled to the salary minus the amount that he earned during the period intervening from his dismissal from service and reinstatement---Said aspect of the matter had not been considered by the Authority while rejecting the representation of appellant---Impugned order passed by the Authority was set aside---Tribunal observed that Representation filed by the appellant be treated to be pending before the competent authority which should be decided afresh after taking into consideration the documents submitted by the employee along with his affidavit---Appeal was allowed in circumstances. Pakistan through General Manager, P.W.R., Lahore v. Mrs. A.V. Issacs PLD 1970 SC 415 at 438 rel. THIS ORDER PASSED BY: MUHAMMAD SAJID MEHMOOD SETHI, MEMBER---.--- This service appeal is directed against order/letter dated 20.04.2016 whereby the representation preferred by the appellant for grant of back benefits was dismissed. 2. The facts of the case are not in dispute and may be stated as under. The appellant while working as a civil judge was terminated from service on 10.11.2003. The petitioner preferred an appeal (Service Appeal No. 16 of 2003) against his termination, which was allowed by this Tribunal through judgment dated 16.05.2014 and the appellant was accordingly reinstated in service. The appellant thereafter filed a representation before the…

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