Case Details

Citation(s)
1983 SLG 1528 1983 SLD 1528 1983 PLC 429
Federal Service Tribunal, Islamabad
Appeal No. 129 (R) of 1981, decided on 2nd December, 1982.
JUSTICE SHAH ABDUR RASHID,. CHAIRMAN AND BRIG. (RETD.) ABDUR RASHID, MEMBER

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Da. ROSHAN ALI SIAL

VS

SECRETARY, MINISTRY OF EDUCATION AND ANOTHER

Law:

Section:

Civil service----- --Decisive step taken in issuance of sanction regarding terms and conditions of. service during foreign studies - Cannot be recalled ;,gyp after departure of civil servant for foreign studies-Argument that if any inadvertent error is discovered after issue of orders Government has power to rectify error and issue revised order particularly when the Officer had not received salary in accordance with previous sanction before same was recalled-Repelled-Terms and conditions mentioned in sanction issued while allowing civil servant to proceed for foreign studies stating that he will be entitled to his full pay to be deposited in his account in Pakistan-Benefit of full pay sub­sequently withdrawn after his departure and by cancellation of original order entire period of study abroad sought to be treated as leave extraordinary without pay -Cancellation of original sanction, in circumstances, held, not sustainable and appeal for allowing full pay for period involved accepted by Service Tribunal-Service Tribunals Act (LXX of 1973), S. 4. M. S. Siddiqi for Appellant: Shahudul Haque, State Counsel for Respondents. Date of hearing : 29th November, 1982.. JUDGMENT BRIG. (REED.) ABDUR RASHID (MEMBER).-The appellant, Dr. Roshan Ali Sial, joined the Sind Provincial Government on 1-3-1972 as Lecturer in Grade-17. Vide Ministry of Education, Islamabad Gazette Notification No. F. 3-32/74-Admn., dated 7-12-1974, he was transferred in his own grade on deputation for three years and until further orders to the Federal Ministry of Education. 2. The appellant was selected for a three-year post-graduate course in the field of Organic Chemistry in the German Democratic Republic (East Germany). The terms and conditions offered by the GDR were that apart from five hundred Marks per month as scholarship, the appellant was to receive travel costs within the said country, admission fee for courses and lectures and cost of medicare. As regards accommodation in the hostels, the appellant was to bear this himself. The costs of air fare to GDR and back to Pakistan were to borne by the Government of Pakistan. 3. The Ministry of Education issued letter No. F. 1-5/77-Sch-II;…
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