Law:

Section:

Civil service- --Leave extraordinary without pay-Effect of-Pay remains static­-Officer of Education Department obtaining leave ex-Pakistan on grounds of visiting relatives-Not resuming duty on expiry of leave and returning after doing his Doctorate-Period of absence treated as leave extraordinary instead of taking any disciplinary action--Pay on return less than minimum of N. P. S.-17-Held: rightly placed at minimum of N. P. S.-17 and claim for benefit of 5 advance incre­ments, further held, rightly refused Sheikh Muhammad Shafi for Appellant. Haroonur Rashid Cheema, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Dr. Shafqat Hussain Chaudhry, Assistant Professor, Department of Political Science, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Government of the Punjab through Secretary, Education Department and Finance Department, as respondents. 2. By virtue of this appeal he has prayed that the order communicat­ing to the appellant the rejection of his claim to pay the appellant by counting the period of extraordinary leave ex-Pakistan, as service towards increment and also grant of five advance increments, may be set aside as illegal, arbitrary and without any basis. 3. Brief facts of the case are that during Summer Vacation of 1974, while appellant was posted in the Government College, Lahore, proceeded on leave on the ground that he was going to visit his younger brother in U. S. A. The appellant thus proceeded on leave in accordance with his application dated 25-6-1974, but he never came back right uptil 1979. On his return the appellant joined his Department on 26-6-1979. Instead of being proceeded under E & D Wes, for remaining abroad at his own, the Government on compassionate ground treated the period as leave from 17-8-1974 to 15-3-1975 on half pay and from 16-3-1975 to 25-5-1979 as extra­ordinary leave ex-Pakistan. The appellant represented for grant of five advance increments as due to him while on leave but his application as well as reminder dated 30-3-1981, were turned down vide Education Department's memo. No. SO.(CE-1)18-174/81, dated 30-5-1981.…

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