Law:

Section:

Civil service--- ----Removal from service---Absence from duty---Unblemished service of more than 21 years---Effect---Removal from service converted to compulsory retirement-employee at the relevant time was eligible to avail leave with full pay for upto 387 days and extraordinary leave up to five years, but without extension of leave he could not stay away from his duty even for a day let alone weeks and months went abroad for higher education and then his mother allegedly fell ill for which the respondent required extension in his extraordinary leave---Questions whether respondent's mother was suffering from a disease which was incapable of being treated in the country and if he was alone in the family to attend to his mother had not been answered, in the circumstances, could not go unpunished, but at the same time his unblemished service of more than 21 years could not be allowed to go unrequited---Supreme Court converted respondent's removal from service into compulsory retirement, and observed that it had become routine for high ranking officers to go abroad on different pretexts and stay there for good without knowing that their country, which had spent a great deal on them while holding examination for Civil Superior Service and providing them training in the academies, needed their undivided and whole hearted service more than any other entity; and that such a casual and even callous attitude towards the civil service could not be ignored lightly. THIS ORDER PASSED BY: EJAZ AFZAL KHAN, JUSTICE:---.--- This petition for leave to appeal has arisen out of the judgment doted 9.1.2017 of the Federal Service Tribunal, Karachi whereby it allowed the appeal filed by the respondent in the terms as under:- "For the foregoing reasons, we hove come to the conclusion that the appellant has not been dealt in accordance with law, therefore, we have no hesitation in accepting the appeal, setting aside the impugned order doted 08.07.2013. Order accordingly. The respondents are directed to reinstate the appellant into service from the date of removal from service. The question of back benefits shall be decided by the competent authority in accordance with the instructions…

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