Law:

Section:

Constitution of Pakistan (1973)Art. 212 (3)Petition for leave to appealCivil servant having been compulsorily retired with effect from 491984, his retirement on appeal was converted into stoppage of three increments by Service TribunalCivil servant was reinstated but without back benefits and period for which he remained retired was declared to be considered as extraordinary leave without payCivil servant again approached Service Tribunal with grievance that moveover allowed to him was belated and he was entitled to moveover from earlier specified dateCivil servant's appeal was dismissed for valid reasons that previous judgment of Service Tribunal having not been challenged before Supreme Court, he was not entitled to the relief claimedService break having occurred in petitioner's case and he having not been moved over to next grade from specified date and there being no annual confidential reports (during the period he remained retired) on basis of which he would have got moveover, he could not claim moveover in next higher grade retrospectivelyLeave to appeal was refused in circumstances. Niaz Ahmad Khan, Advocate Supreme Court and MA.I. Qarni, AdvocateonRecord for Petitioner. Nemo for Respondents. Date of hearing: 3rd August, 1993 ORDER SAJJAD ALI SHAH, J: In consequence of disciplinary proceedings, petitioner as Assistant Engineer (B16) in T T Department was compulsorily retired with effect from 491984 but his appeal was allowed by Federal Service Tribunal converting retirement into stoppage of three increments vide judgment dated 27101988. He had already reached maximum of B16 on 1121983 but could not get moveover on account of retirement. He was reinstated but without back benefits and the period he remained retired was declared to be considered as…

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