Law:

Section:

Service Tribunals Act (LXX of 1973)-- ---S.4--Appellant, an Assistant Professor of educational institution under the Punjab Government opting for Federal Government Service at time of taking over of such institutions by Federal Government--Such options having been treated to be final, question of Federal Government or Provincial Government having a right to repatriate any individual did not arise--Lien of appellant could not be allowed to exist with the Government of the Punjab for any length of time after his option to serve with Federal Government had been exercised--Promotion order of Punjab Government in case of appellant, therefore, to be considered as incompetent--Appellant had been given promotion once he was cleared by the Central Selection Board and had been given necessary financial benefits for the period he had worked against the higher post and appeal was, therefore, incompetent--Appellant could neither be considered on deputation with Federal Government nor could have a lien with parent Government--- Appellant, however, held, entitled to higher pay by virtue of having worked against higher post for which he should be given full financial benefits under the existing rules-­Appeal dismissed. Dr. G. S. Khan for Appellant. Sardar Muhammad Amir Akbar Khan for Respondents. Date of hearing: 12th and 13th January, 1988. JUDGMENT CH. A. RAHMAN KHAN (MEMBER).--The appellant, Syed Mohsin Ali Hasani, Ex-Professor, Federal Government College for Men, H-8, Islamabad, has come in appeal against the impugned Order No.F.5-35/ 75-CA(FDE), dated 8th December, 1985, by which his departmental appeal was not accepted by the competent authority. 2. It was contended by the learned counsel for the appellant that the appellant initially belonged to Educational Service of the Province of the Punjab, having joined as Lecturer in English Literature in 1950. He was promoted as Assistant Professor of English (Grade-18) with effect from 1-7-1959. At the relevant time the appellant was serving as Assistant Professor Government College H.9/Islamabad, when these Institutions were taken over by the Federal Government on 1-6-1974. All the employees of the College were to exercise…

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