Law:

Section:

Limtation Act (IX of 1908)- Art. 102-Limitation-Suit. for recovery of arrears of pay by .Government servant-No suit for recovery of arrears of pay being competent before - of Supreme Court cited as Mrs. A. V. Issac's case (P L D 1970 S C 415) delivered on 10th July, 1970 any attempt by aggrieved Government servant in such regard before 10th July, 1970 would have been futile-Supreme Court , nevertheless, not operative retrospectively so as to alter flow of time of limitation already started running from before and Legislature having not amended law to take advantage of its beneficial effects, commencement of period of limitation, held, to be regulated by Art. 102 and starting point of limitation in case in hand not date of pronouncement of in Mrs. A. V. Issac's case but date of resumption of duty by aggrieved Government servant. [Limitation]. Mrs. A: V. Issac's case P L D 1970 S C 415 ; Province of Punjab v. Tara Chand A I R 1947 F C 23 ; High Commissioner for India and Pakistan v. L M. Lail P L D 1948 P C 150 ; Federation of Pakistan v. All Ahrnad Hussain Shah and another P L P 1955 F C 522; Noorul Hassan and others v. Federation of Pakistan P L D 1956 S C (Pak.) 331 ; State of Pakistan v. Mehrajuddin P L D 1959 S C (Pak.) 147 ; Government of West Pakistan v. Fazal-e-Hag Mussarrat P L D 1960 S C 208 ; Pakistan v: Naseem Ahmad P L D 1961 S C 445 ; Pakistan v. Muhammad A. Hayat P L D 1962 S C 28 and Divisional Superintendent, A: W. R. v. Muhammad Sharif P L D 1963 S C 340 ref. . JUDGMENT This appeal against the order of the learned Additional District Judge, Lahore, dated the 5th November, 1976, accepting the appeal of the respondent against the dismissal of his suit recorded by the learned Civil Judge, Lahore, on the 14th July, 1975, arises out of the following circumstances. Khawaja Ghulam Qadir, respondent, was serving as Sub-Head in the office of the Divisional Superintendent of the then North-Western Railway, Lahore, when he was suspended from service on the 4th April, 1950. His service were terminated by the Railway Administration on the 22nd June, 1950. However, he succeeded through Court decision dated the 20th March, 1954, to get set termination of his…

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