Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)-- ---S. 4--Limitation Act (IX of 1908), S. 5--Appeal--Limitation--Order appealed against being ab initio void, delay in filing appeal was c:6ndoned as no limitation runs against void order. [p. 896] A P L D 1969 Lah. 1039; P L D 1967 S C 506; P L D 1970 Lah. 559; A I R 1929PC103; Al R1929PC108;PLD1961SC105;PLD1966SC788and P L D 1958 S C (Pak.) 104 ref. (b) Civil service-- --- Deputationist--Permanent Provincial Government official, on deputation with Federal Government, would hold a lien with the Provincial Government till his confirmation by the Federal Government. (c) Civil Servants Act (LXXI of 1973)-- ---S. 13(ii)--Punjab Service Tribunals Act (IX of 1974), S. 4-Permanent Provincial Government servant on deputation with Federal Government would retain his lien with the Provincial Government until confirmed by the Federal Government--President's order retiring such civil servant was thus without jurisdiction and ab initio void--Official was reinstated in service with all back benefits--Such official having a lien with the Provincial Government, only Provincial Government could decide what action to take against him. JUDGMENT ABDUL JABBAR KHAN (CHAIRMAN).--M. Ikramul Haq has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Federation of Pakistan through Secretary, Establishment Division, Cabinet Secretariat, Rawalpindi and Government of Punjab through Chief Secretary, Civil Secretariat, Lahore, as respondents. 2. By virtue of this appeal he has prayed that order of respondent No. 1, dated 15-11-1980, retiring the appellant from service with immediate effect in purported exercise of powers under clause (ii) of section 13 of the Civil Servants Act, 1974 be declared illegal and without any effect. 3. Brief facts of the case are that the appellant who initially joined service in the Punjab Government in the Education Department on 28-3-1951, as a Lecturer was appointed in the Foreign Affairs Group, Government of Pakistan, on 12-10-1973, in Grade-19 through Lateral Entry Competitive Examination. He was selected on merit and after his joining the Foreign Affairs…

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