Law:

Section:

(a) Sindh Civil Servants Act (XIV of 1973)-------S. 18---Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, R:13---Sindh Civil Servants (Efficiency and Discipline) Rules, 1973, R. 4---Sindh Service Tribunals Act (XV of 1973), S. 4---Removal from service--- Re-instatement--- Entitlement to arrears etc.---Civil servant filed appeal against order of his removal from service---During pendency of appeal, as a result of negotiations between civil servant and Authority, civil servant withdrew his appeal---Civil servant, as a .result of negotiation was re­instated in service but his intermediate period was treated as extraordinary leave without pay and his re-employment was not treated in continuation of his earlier appointment and civil servant had filed appeal against said order--­When original removal order was set aside civil servant was entitled to past service benefits, arrears of his pay and allowance as well as restoration of his past seniority as contemplated and provided, under R.13 of Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975 where under, even if a junior had been promoted in the meanwhile, senior was allowed benefit of pro forma seniority in the next higher grade--,-Appellate Authority on setting aside dismissal or removal order, was competent under S. 18 of Sindh Civil Servants. Act, 1973 to determine arrears of pay and no provision of law existed which could enable Authority to deny arrears of pay in toto---No administrative order could take effect retrospectively unless full justification for the same was spelled out in the order itself---Order of removal from service passed against civil servant, having been set aside, civil servant was entitled to payment of arrears of pay' for intervening period and restoration of his original seniority. 1989 PLC (C.S.) 398; 1988 PLC (C.S.).441; 1996 PLC (C.S.) 1106; PLD 1981 SC 172; PLD 1997 SC 351 and PLD 1989 Kar. 404 ref. (b) Limitation--- ----Principle---Any order which was hit by limitation, would become non-enforceable at law: Hamid Hussain for Appellant. S.M. Saiydeain Zaidi, A.-A.G., Sindh for Respondents. Shabbir Ahmed Awan for the Private Respondents.…

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