Law:

Section:

Civil service Civil servant having been allowed deputation for one year from 861976 for service outside Pakistan did not report back for duty till 1231985Civil servant was proceeded against departmentally and order was passed that he had ceased to be in service from 1261977, when his deputation period expiredService Tribunal partly accepting civil servant's appeal to the extent that the date when he ceased to remain in service was to be read as 1261982 instead of 1261977ValidityPower of Department to pass orders from retrospective date had not been exceeded for only the legal consequence had been recognized from the date that it flowed due to continued absence of civil servant from dutyOrder in question, accompanied nothing more than giving effect to civil servant's continued absenceSupreme Court declined interference. Mst. Marayam Yunus v. Director of Education, Cantonment, GHQ PLD 1990 SC 666 rel. ORDER SHAFIUR RAHMAN, J. The -Petitioner seeks leave to appeal under Article 212(3) of the Constitution against the judgment of the Federal Service Tribunal dated 2931992 whereby the appeal of the -Petitioner was accepted but only partly in so far as the date when he ceased to be a civil servant was modified from 1261977 to 1261982. 2. The -Petitioner was serving in the Telegraphs and Telephone Department when he was allowed deputation; for a year from 861976 and for service in Saudi Arabia. He did not report back after the expiry of the deputation period whereupon a notice was published in the Daily `Nawae-Waqt', Multan dated 531985 informing him that if he failed to report, proceedings under the Government Servants (Efficiency Discipline) Rules, 1973 shall start. He reported for duty on 1231985 but was subsequently proceeded against departmentally and by an order passed on 2151987 it was held that he had ceased to be in service from 1261977 when his deputation period expired in view of Fundamental Rule 18. The monetary benefits that he drew during this…

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