Law: Civil Servants Act, 1973

Section: 18

Law: Service Tribunals Act, 1973

Section: 4

Civil Servants Act (LXXI of 1973)-- ----S. 18---Service Tribunals Act (LXX of 1973), S.4---Leave, entitlement to---Appellant had been selected by the United Nations for posting abroad---Such posting was ratified by the authorities when ex-Pakistan leave was granted to the appellant for 300 days---When the election in connection of which he was posted abroad were postponed, appellant applied for extension in leave by 250 days, but his application was rejected---Validity---Authorities should have granted extension as appellant had completed 22 years of service and he had sufficient leave to his credit and he had not gone abroad without permission---Appellant was also serving the United Nations of which Pakistan was a member---All such considerations were ignored by the authorities in refusing leave to the appellant---Impugned order was accordingly set aside---Authorities, in their written objections had submitted that appellant was directed not to get in touch with any agency, but despite that he filed appeal in the Service Tribunal---No undertaking/contract was valid or legal which would prevent a person from seeking remedy in a court of law---If there was any such agreement, that would be void ab initio---Right to get rights protected through court of law, was fundamental and guaranteed by the Constitution---Authorities could not direct the appellant not to file appeal in the Service Tribunal to get relief---Appeal was accepted and authorities were directed to grant extension in leave by 250 days to the appellant. JUDGMENT MOAZZAM HAYAT (MEMBER).--- Appellant Noor-ul-Khitab was Election Officer in the office of Assistant Election Commissioner, Battagram. He was nominated by the United Nations for the post of Electoral Support Officer, Sudan on 29-7-2009. The respondents allowed him 300 days leave from 25-10-2009 to 20-8-2010 vide order dated 29-10-2009 to join the posting in Sudan. It is stated. that the election schedule in southern Kordofan, Sudan was postponed/changed. The United Nations, therefore, extended the contract of the appellant from 1-7-2010 to 31-3-2011. Accordingly the appellant applied for extension in leave by 250 days. His request was declined…

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