Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--- ----S.22---Fundamental Rules, F.R.8---Leave of absence over five years by a civil servant---Effect---Civil servant on expiry of leave of absence of five years without pay would cease to be a civil servant---Sanction of President would be mandatory to allow a defaulting absentee to continue in service as a civil servant. (b) Civil Servants Act (LXXI of 1973)--- ----S.22---Funamental Rules, F.R.18 -Vires of F.R.18, Fundamental Rules--­Fundamental Rule 18 was not ultra vires the Civil Servants. Act, 1373--­Fundamental Rule 18, would continue as a statutory rule on the strength of S.22, Civil Servants Act, 1973 and no procedural requirement existed in giving effect to it. PLD 1990 SC 666 and 1990 SCMR 368 rel. (c) Service Tribunals Act (LXX of 1973)--- ----S.22---Fundamental Rules, F.R.18---Respondent having availed unauthorised leave of absence for more than statutory period was no longer in service--Civil servant/appellant was allowed to work against vacant post till further orders with all consequential benefits. Tufail Ahmed Qureshi for Appellant. Hafiz Tariq Naseem for Respondents. Date of hearing: 16th July, 1991. JUDGMENT CH. A. RAHMAN KHAN (MEMBER).---Mr. Nizamuddin, Stenotypist, Central Testing Laboratories, Lahore, the appellant,, has filed this appeal against the impugned order of his `reversion, to the present post of stanotypist vide O.M. dated 8-6-1989. His departmental appeal, dated 26-6-1989 was rejected vide O.M., dated 24-7-1989. 2. Briefly, the facts 'of the case are that the appellant while working as Stenotypist in the Central Testing Laboratories was appointed to officiate as Stenographer (B-11) vide O.M., dated 19-9-1982 which is reproduced below:-- ' "No. CTL/10(2)/70 PT-X(1779), dated 19-9-1982. Mr. Nizamuddin Stenotypist, Central Testing Laboratories, Lahore is hereby appointed to officiate, on purely temporary basis, as Stenographer (Grade-11) in the same Organization vice Mr. Ghulam Raza who is absent from his duties since long. This appointment will not confer any right to hold this post for an indefinite period nor to claim an equivalent post on the resumption of duties by Mr. Ghulam Raza." 3.…

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