Law:

Section:

Civil service Rescission of an order-Effect : As if never made-Compulsory retirement under M. L. R. 114-Order rescinded-Effect : Officer con cerned treated to have never retired-Junior persons promoted after order of rescission---Plea that after rescission officer concerned had not joined duty on date of promotion of juniors---Rejected---Such officer, held, to be treated as not retired and after rescission of retirement order should have been considered for promotion prior to promotion of his juniors. Date of hearing : 8th June, 1980.                                                                                                                                                               ORDER N. A. CHAUDHURY (MEMBER).--The appellant, Mian Irshad Ahmad, was retired from service under M. L. R. 114 on 13-3-1972. He submitted a review petition to the President of Pakistan on 18-3-1972. The President was pleased to recall the appellant to duty vide notification dated 12.8-1973. Accordingly, he resumed duty on 27-8-1973. The appellant filed a writ petition with the Lahore High Court against his retirement. The High Court held that the appeal had abated and should be filed with the Service Tribunal. Accordingly, the appellant filed the appeal, under disposal, with the Tribunal in 5-8-1974 against the following grievances (a) non-payment of 50 Y. of salary, not allowed. (b) benefit of annual increments with effect from 14-3-1972 to 26-8-1973. (c) has not been considered for promotion to higher grade. A representation was made to the Central Board of Revenue which was rejected on 2-7-1974. Orders of reinstatement of the appellant into service were issued on 12-8-1973. The Central Board of Revenue issued orders of promotion of 24 temporary Assistant Income-tax Officers, junior to…