Law:

Section:

Revised Leave Rules, 1980--R. 18(2)Civil Servants Act (LXXI of 1973), S. 19Service Tribunals Act (LXX of 1973), S. 4Leave preparatory to retirement granted to civil servant at his own requestCivil servant' after availing major portion of his leave applied for cancellation of his remaining leave which was not acceptedCompetent Authority, however, on its own, recalled order of leave preparatory to retirement granted to civil servant and directed him to resume dutyCivil servant joined duty but after some time his case was reviewed and he was made to retire with retrospective effectPeriod spent by civil servant in service after his recall from leave was treated as re­employmentValidityOrder of recall from leave preparatory to retirement was passed by Competent Authority in exercise of powers vested in itCivil servant 'continued in service for six years after his' recallOrder of recall, us, could not be rescinded under principle of locus poenitentiae and that too without notice, for vested right had been created in favour of civil servantCivil servant would be deemed to be employee of his Department or all purposes on account of order passed under R. 18(2), Revised Leave Rules, 1980, on basis of which he was recalled to resume dutyCivil servant was ordered to be reinstated in service with all back benefits as if he had never been out of service. Fazal H. Chaudhry for Appellant. Khalid Abbas Khan, Federal Counsel with Muhammad Amjad, Deputy Director, Railway Board and Ghayyur Abbas, Assistant, Establishment Division for Respondents. Date of hearing: 24th December, 1996. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).Appellant Mr. Sardar Ali was working as Stenographer in the Ministry of Railways. He applied for L.P.R. which was granted and he accordingly proceeded on L.P.R. with effect from 20121989. In the meanwhile, after availing of leave, but before its expiry, he made an application on 3121990 that the leave may be cancelled and he may be taken on duty and allowed to continue in service till the normal age of superannuation. His L.P.R. was not cancelled but the competent Authority recalled the order of L.P.R. and he was directed to resume duty and his leave was…

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