Law:

Section:

(a) Ex-Employees of the former Government of East Pakistan (Appointment to Federal Posts) Ordinance (XI of 1983)-------Ss. 3, 4,& S---Constitution of Pakistan (1973), Art. 212(3)---Civil servant's fixation of seniority in terms of Ordinance---Leave to appeal was granted to consider whether the period spent by civil servant from 18-9-1974 to 22-10-1976, while waiting for posting in Pakistan should be allowed to be treated as a period spent on duty for purposes of seniority and pensionary benefits. (b) Ex-Employees of the former Government of East Pakistan (Appointment to Federal Posts) Ordinance (XI of 1983)--- ----Ss. 3, 4 & S---Civil servant---Repatriation from former East Pakistan--- Fixation of seniority---Civil servant having been repatriated from former East Pakistan waiting for appointment---Time spent by such civil servant while waiting for appointment should be treated as period spent on duty for purposes of seniority and pensionary benefits. JUDGMENT SAEEDUZZAMAN SIDDIQUI, J.-The appellant, a former employee of erstwhile East Pakistan, was absorbed in service in the Intelligence Bureau with effect from 23-10-1976, though repatriated to Pakistan on 18-9-1974, The appellant represented against the Gradation List of D.C.LQs. circulated by the department on 11-1-1990 wherein his name appeared at Serial NO-10. The objection of the appellant against the Gradation List was that his seniority in the service should have been fixed taking into account the service rendered by him in former East Pakistan, the period he remained a P.O.W. and the period (18-9-1974 to 22-10-1976), during which he kept waiting for posting on repatriation to . Pakistan. The appellant's. representation, however, was rejected by the department against which he preferred an appeal before the Federal Service Tribunal, which was disposed of as follows:-- '"the learned Standing Counsel, Hafiz SA. Rahman, has presented in the Court a judgment by the Honourable Supreme Court in Civil Appeal No.205 of 1988 (Federation of Pakistan v. Zaki Ahmad Siddiqui) delivered on 21-5-1991 in which their Lordships have observed that the services rendered as POW-would be counted and continued for the…

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