Law:

Section:

Constitution of Pakistan (1973)--Art. 212 (3)---Petition for leave to appeal---Civil servant having been compulsorily retired with effect from 4-9-1984, his retirement on appeal was converted into stoppage of three increments by Service Tribunal---Civil servant was reinstated but without back benefits and period for which he remained retired was declared to be considered as extra ordinary leave without pay--­Civil servant again approached Service Tribunal with grievance that move-over allowed to him was belated and he was entitled to move-over from earlier specified date---Civil servants appeal was dismissed for valid reasons that previous of Service Tribunal having not been challenged before Supreme Court, he was not entitled to the relief claimed---Service break having occurred in petitioner's case and he having not been moved over to next grade from speed date and there being no annual confidential reports (during the period he remained retired) on basis of which he would have got move-over, he could not claim move-over in next higher grade retrospectively---Leave to appeal was refused in circumstances. ORDER SAJJAD ALI SHAH, J: --In consequence of disciplinary proceedings, petitioner as Assistant Engineer (B-16) in T&T Department was compulsorily retired with effect from 4-9-1984 but his appeal was allowed by Federal Service Tribunal converting retirement into stoppage of three increments vide judgment dated 27-10-1988. He had already reached maximum of B-16 on 1-12-1983 but could not get move-over on account of retirement. He was reinstated but without back benefits and the period he remained retired was declared to be considered as extraordinary leave without pay. 2.…

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