Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--S. 16---Fundamental Rules, R. 54---Constitution of Pakistan (1973), Art.212---Civil servant---Retirement after having completed 25 years' service--­Civil servant's entitlement to back benefits on his re-instatement in service by Service Tribunal---Service Tribunal refused to allow arrears of pay without assigning any reason---Where an order of retirement/removal from service had been set aside civil servant would be entitled to such arrears of pay as the authority setting aside his order of retirement/removal from service might determine---Authority would take into consideration the fact whether civil servant had earned any amount by way of salary or as profit on account of his having accepted some employment or been engaged in some profitable business during the intervening period---Service Tribunal having not assigned any reason for withholding back benefits of civil servant, case was remanded for deciding the matter in accordance with law. JUDGMENT ABDUL QADEER CHAUDHRY, J: --Leave to appeal was granted to consider "whether in the circumstances of the present case, the Service Tribunal was justified to withhold the back benefits"? 2. The facts of this case in brief are that the appellant was serving as Subject Specialist in Government Comprehensive School, Faisalabad, when he was retired from service under section 12(ii) of Punjab Civil Servants Act, 1974, after having completed 25 years' service, on 26-6-1986. The appellant having failed to get his grievance redressed from the Departmental authorities, approached the Punjab Service Tribunal. He challenged the order of his retirement on two grounds; firstly, the appellant had not completed 25 years' service qualifying for pension, and secondly that the order of retirement had not been made in the public interest. The learned Service Tribunal had not attended to ground No. 1 but allowed the appeal on the ground that the record of the appellant was satisfactory and good. The Character Roll presented in the Court depicts that his service record was quite satisfactory/good. While allowing the appeal the Service Tribunal held that the intervening period, during which the…

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