Law:

Section:

(a) Constitution of Pakistan (1973)- -- Art. 199-Re-instatement-Authority/body succeeding to assets of employing body being liable to discharge liability in respect of petitioner-Contention that employing statutory body of petitioner having been dissolved, petitioner could neither be re-instated in service nor paid his salary for period kept out of office, held, incorrect. (b) Constitution of Pakistan (1973)- -- Art. 199-Payment of salary-Services of petitioner terminated-by respondent illegally-Petitioner, held, deemed to be in service and entitled to salary and wages for period remaining out of job. Riaz Anwar for Petitioner. Muhammad Ilyas Khan for Respondent. Date of hearing : 19th May, 1981. JUDGMENT The petitioner was employed by the That Development Authority as Tracer on 7th September, 1953. He was promoted as Draftsman on 15th June, 1954 and was confirmed in that post on 16th December, 1954. On 24th September, 1964, he proceeded on medical leave which was sought to be extended. However, he was served with order dated 7th July, 1965 to the effect that his service has been terminated under rule 5 (ii) of the T. D. A. Service Rules, 1949. He challenged the order by means o f a civil suit filed on 8th June, 1970, which was dismissed by the learned Civil Judge vide judgment and decree dated 27th April, 1976. T he petitioner, then, filed an appeal which was accepted by the lea reed Additional District Judge vide judgment and decree dated 13th June, 1978. The respondent-authority preferred a revision petition bearing Civil Revision No. 25/13-79 in the High Court, which was dismissed on 27th November, 1979. In view of the appellate decree in favour of the petitioner granting him the declaration that the order of termination of his service was illegal, void and inoperative and he continued to be in service of the respondent-authority, the petitioner applied to the latter for being put on the job and payment of his dues. Nothing of the kind was done in spite of various efforts in the administrative hierarchy. The petitioner has filed this constitutional petition asking for a direction that the respondent-authority be refrained from preventing the petitioner from…

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