Law:

Section:

SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Federal Service Tribunal dated 29-3-1992 whereby the appeal of the petitioner was accepted but only partly in so far as the date when he ceased to be a civil servant was modified from 12-6-1977 to 12-6-1982.

1. The petitioner .was serving in the Telegraphs and Telephone Department when he was allowed deputation for a year from 8-6-1976 and for service in Saudi Arabia. He did not report back after the expiry of the deputation period whereupon a notice was published in the Daily `Nawa-e Waqt', Multan dated 5-3-1985 informing him that if he failed to report, proceedings under the Government Servants (Efficiency & Discipline) Rules, 1973 shall start. He reported for duty on 12-3-1985 but was subsequently proceeded against departmentally and by an order passed on 21-5-1987 it was held that he had ceased to be in service from 12-6-1977 when his deputation period expired in view of Fundamental Rule 18. The monetary benefits that he drew during this period were directed to be recovered from him. He appealed to the Service Tribunal which accepted the appeal only to the extent that it was held that the date the petitioner ceased to remain in service shall be read as 12-6-1982 instead of 12-6-1977. The order with regard to the recovery was also set aside. The petitioner does not feel satisfied with the order and he seeks leave to appeal against it.