Law: Pakistan Railway Establishment Code

Section: 2044, 2013

Pakistan Railway Establishment Code, Vol. II (1952) rr. 2044 & 2013 - Railway servant - Dismissal -from service-Pay after re-instatement-Order of dismissal or removal declared to be illegal and void by civil Court-Rule 2044 does not apply in such case Civil Court setting aside order terminating services of railway servant as "void" and "inoperative" and granting declaration that "he remained a Foreman Grade Ill in service of N. W. R. on date of filing of suit"-Such railway servant, held, entitled to full salary and allowances for period of absence under general principle of law and claim may possibly be covered by rule 2013. Date of hearing: 2nd November 1971.   JUDGMENT The petitioner who originally was recruited as a clerk and was at the relevant time working as "Sub-Head Commercial Branch in office" was discharged from service by means of a letter of the Divisional Personnel Officer dated the 17th of September 1953, issued in pursuance of the order of the Divisional Superintendent with effect from 22nd September 1953. The petitioner challenged the aforesaid order by means of a civil suit which was decreed in his favour by a civil Court of Lahore, on the 18th of May 1956. The actual declaration granted to the plaintiff was in the following words :- "It is ordered that a decree for declaration to the effect that the discharge of the plaintiff from the defendant's service by the order of the Divisional Superintendent, N. W. R Karachi, communicated to the plaintiff by the Divisional Personnel Officer, N. W. R., Karachi vide his letter No. 497-G, dated 17-9-53, discharging the plaintiff from service with effect from 22-9-53 F. N. is illegal, ultra vires, wrongful and bad In law and as such the plaintiff continues to be in the service of the defendant with all the rights and amenities attached thereto is passed in favour of the plaintiff and against the defendant, and do also pay Rs. 60 the cost of this suit .by defendant to plaintiff." The Islamic Republic of Pakistan (Federation of Pakistan) through the General Manager, N.W.R., Lahore, filed an appeal against the aforesaid judgment and decree of the…