Law: Constitution of Pakistan, 1973

Section: 199

 (1) The concept of granting back benefits in the civil servant service structure as well as in labour laws is to accommodate the employee who during the period of dismissal or termination of service period remained jobless. (2) The petitioner is required to mention in his petition/appeal that he remained jobless and was not gainfully employed by any other employer. Summary The petitioner, removed from service in 2012 for allegedly leaking NUST entry test papers, succeeded on appeal after the Islamabad High Court ordered his case be sympathetically decided; he was reinstated w.e.f. 30.03.2012 and paid for 30.03.2012–20.12.2012. The respondent refused back benefits for 21.12.2012–05.09.2016 because the petitioner was gainfully employed at UET Taxila during that period. The Supreme Court (Mazhar, J.) refused leave to appeal, holding that an employee who obtains other employment during dismissal is not entitled to back benefits for the period he was gainfully employed, and that the principle in Abdul Hafeez Abbasi requires pleading and proof that the employee remained jobless during the pendency of appeal. Core points Petitioner removed from service as Assistant Controller of Exams w.e.f. 30.03.2012 for alleged leakage of NUST Entry Test-2011. Service appeal at Federal Service Tribunal dismissed for lack of jurisdiction; Islamabad High Court directed sympathetic re-consideration and the department reinstated petitioner as Assistant Director (BPS-17) w.e.f. 30.03.2012. Respondent paid full back benefits for 30.03.2012–20.12.2012 but denied pay/allowances for 21.12.2012–05.09.2016. Denial based on finding that petitioner was gainfully employed at UET Taxila as Deputy Director QEC (BPS-18) during that latter period. Court applied settled principle: back benefits are intended for employees who remained jobless during dismissal; if an employee earns elsewhere during that period, back benefits for that time are not payable. Reference to Abdul Hafeez Abbasi (2002 SCMR 1034): entitlement to back benefits requires pleading and proof that the employee did not engage in profit-oriented employment during pendency of appeal. Court noted petitioner…