Law:

Section:

Civil service------- Termination of service---Reinstatement---Seniority---Claim for arrears of pay---Civil servant whose services were terminated after about eight months of his appointment was reinstated after about three years from his termination---Civil servant claimed arrears of pay for the period he remained out of job after his termination and also claimed seniority from the date of his initial appointment---Reinstatement of the civil servant was fresh appointment from the date of reinstatement---Civil servant had himself given undertaking not to claim arrears of pay for period he remained out of job, but he had not foregone his right of seniority---Civil servant was not entitled to arrears for period he remained out of job but he was entitled to seniority from the date of his initial appointment because he was reinstated in service which included such benefit---Civil servant was granted seniority from date of his initial appointment in circumstances. Ch. Tariq Javed for Appellant. Muhammad Ashiq, D.A. for Respondents. Date of hearing: 25th July, 2000. JUDGMENT Appeal against order dated 4-4-1989 vide which the appellant was reinstated in service but due to undertaking given by the appellant he was not entitled to claim salary/arrears for the period he remained out of service. The facts of the case are that the appellant was appointed as Arabic Teacher on 9-7-1985. On 8-3-1986 his services were terminated. He was reinstated in service vide impugned order dated 4-4-1989 but he was not given arrears of pay. It was prayed in the appeal that he may be paid arrears of pay from 8-3-1986 to 4-4-1989 and he may be assigned seniority w.e.f. his initial appointment i.e. 9-7-1985. 2. I have heard the learned counsel for the appellant, District Attorney and have perused the record and comments submitted by the respondent No. 1. The impugned order was passed on 4-4-1989. The appellant preferred the appeal to the Department after 7 years and…

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