Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-------S. 4---Reinstatement---Recovery of back-benefits---Order of dismissal of civil servants from service was set aside by Service Tribunal but back-benefits were declined by treating intervening period as extraordinary leave---Validity---Nothing was available on record that the civil servants were gainfully employed anywhere during the relevant period, therefore, it would be unjust and harsh to deprive them of back-benefits for the period for which they remained out of job without any fault from their side---Civil servants were proceeded under Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, for no fault on their part and their services were terminated in an arbitrary manner without providing any reason---Salaries of the civil servants would not be withheld for the intervening period when they remained, out of service due to whimsical and arbitrary actions of the functionaries---Civil servants had every right to recover their arrears---Supreme Court converted petition for leave to appeal into appeal and allowed the civil servants all back-benefits---Appeal was allowed. Pakistan through General Manager, P.W.R., Lahore v. Mrs. A.V. Issacs PLD 1970 SC 415 fol. Hafiz Tariq Nasim, Advocate Supreme Court for Petitioners (in all C.Ps.). Mr. Fowzi Zafar, Assistant Advocate-General for Respondents. Date of hearing: 3rd May, 2002. ORDER TANVIR AHMED KHAN, J.---This order shall dispose of all the petitions directed against a consolidated judgment, dated 27-11-2002 of the Punjab Service Tribunal (hereinafter called the Tribunal). 2. Facts briefly stated are that the petitioners in all these cases after having passed their Matriculation Examination joined "Dispenser Course" held by the Punjab Medical Faculty being conducted under the authority of the Punjab Health Department. After successful completion of the aforesaid course the petitioners were issued Certificates of Dispenser Course by the Punjab Medical Faculty. It is pertinent to mention over here that before admission to the said course the petitioners were required by the Government of Punjab to execute a surety bond in favour of the Government that on…

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