Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973-------R.4---Civil Servants Act (LXXI of 1973), S.19---Constitution of Pakistan (1973), Art.212(3)---Removal from service---Payment of pension---Civil servant was removed from service on the ground of unauthorised absence and order of his removal was upheld by Service Tribunal- --Supreme Court, in view of serious illness of civil servant had observed that order of removal seemed to be harsh and that Authority should consider his case sympathetically and should grant him disability pension---Authority undertook to pay to civil servant 2/3rd of pension on account of permanent disability suffered by him---Civil servant being satisfied with the undertaking, agreed not to press his petition any further---Petition for leave to appeal was disposed of accordingly. A.A. Siddiqui, Advocate-on-Record for Petitioner. Mubarak Hussain Siddiqui, Deputy Attorney-General for Respondents. Date of hearing: 4th June, 1997. ORDER MUNAWAR AHMED MIRZA, J.--The husband of petitioner Mst. Khub-un-Nisa namely, Fazal Din (now deranged) was employed in Military Engineering Services (MES) as Carpenter. He suffered from serious ailment and was removed from service vide order dated 3-10-1992 with effect from 23-4-1992. The representation filed by the petitioner brought no fruit, therefore, eventually she filed appeal before Federal Service Tribunal which was also dismissed vide judgment dated 24-1-1995. The above decision has been assailed through this petition for leave to appeal. 2. The case was earlier taken up on 25-4--1997 and the learned Judges of the Bench observed that "prima facie it appears that there was justifiable reason for Fazal Din of being absent from duty, after having last his mental balance. In the above factual background the order of removal seems to be harsh, we would, therefore, observe that the department should consider his case sympathetically and should grant disability pension and/or any other benefit, if it is possible under the rules." A…

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