Law:

Section:

Constitution of Pakistan (1973) Art. 212(3) Civil servant Upgradation and fixation of seniority Civil servant was initially removed from service but was reinstated by Service Tribunal Intervening period between removal and re instatement was treated as leave of the kind due to civil servant Civil servant was Opt considered for upgradation, as he was at that time out of service while officials of his department were allowed benefit of upgradation from specified date Civil servant's representation was not accepted and his appeal before Service Tribunal did not bear fruit Leave to appeal was granted to consider the contention that order of removal from service having been set aside, civil servant was deemed to be in service and as such he was entitled to benefit of upgradation of post from specified date. ORDER SALEEM AKHTAR, J. The petitioner seeks leave to appeal against the judgment of the Federal Service Tribunal whereby his appeal was dismissed. 2. The petitioner while working as a Registration Inspector/Registrar, Industrial Registration Office, Vehari, was removed from service by order dated 16 2 1982. This order was set aside by the Tribunal and the petitioner was reinstated by order dated 3 4 1989, but it was left open to the respondents to initiate fresh disciplinary proceedings and to determine as to how the intervening period could be treated. Fresh proceedings were accordingly taken and the petitioner was found guilty of inefficiency. He was censured by order dated 17 9 1789 and the intervening period from 16 2 1982 to 17 4 1989 was treated as leave of the kind due to him. 3. By…

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