Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 212(3)---Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance (XIV of 1981)---Leave to appeal was granted to examine case of the petitioner in proper perspective, interpret relevant provisions of Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance, 1981, whereunder the petitioner and the respondents were treated as civil servants, as a decision in that regard would be a question of law of general public importance inasmuch as same would be of concern to a large number of functionaries involved in the Population Welfare Planning Programme. (b) Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance (XIV of 1981)--- ----Ss. 3, 6 & 8---Re-instatement in service---Granting of Basic Pay Scale-17 with all benefits---Entitlement to emoluments for the period during which the civil servant was out of service---Validity---Service Tribunal was right in holding that the relief regarding grant of Basic Pay Scale-17 with all benefits appurtenant thereto, related to the period when the appellant was not a civil servant---Assumption of duty by the civil servant was in acceptance of the order passed by Supreme Court in the case titled Federation of Pakistan and another v. Riaz Ahmad Baig and another reported as 1984 SCMR 759 and the same had not indicated that civil servant had been reinstated with retrospective effect---Service Tribunal had rightly repelled the plea of the civil servant that order of reinstatement in service was different from order in relation to other officers, in that civil servant was treated on medical leave which entitled the civil servant to the emoluments for the period when she was out of service. Federation of Pakistan and another v. Riaz Ahmed Baig and another 1994 SCMR 759; Lutfi Siddiqui v. Secretary, Establishment Division, Rawalpindi 1991 SCMR 125; Zainul Abedin v. Multan Central Cooperative Bank Limited, Multan PLD 1966 SC 445; 1989 SCMR 174; 1991 SCMR 640; 1990 SCMR 1356 and 1986 SCMR 1213 ref. (c) Service Tribunals Act (I,XX of 1973)-- ----S. 4---Departmental appeal---Limitation---Jurisdiction…

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