Law: Removal from Service (Special Powers) Ordinance, (XVII of 2000)

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199

Removal from Service (Special Powers) Sindh Ordinance (IX of 2000)---   ----S. 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Imposition of penalty of reversion---Setting aside order of reversion and restoration to original post---Entitlement to back¬-benefits---Petitioner who was employed as Deputy Manager, was proceeded against under Removal from Service (Special Powers) Sindh Ordinance, 2000 and he was inflicted penalty of reversion to one lower grade post that of Assistant Manager---Service Tribunal set aside order of reversion and restored the petitioner to the post of Deputy Manager with all back-benefits at the post of Deputy Manager---Petitioner, despite having been restored to original post of Deputy Manager with all back-benefits, had not been paid back-benefits---Validity---Petitioner having been restored to the post of Deputy Manager by dint of of Service Tribunal with all back-benefits, there was no reason as to why the petitioner should remain deprived of such benefits, when authorities through their own conduct had acquiesced in accepting the of Service Tribunal which had to be given its full effect.    Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602 ref. ORDER GULZAR AHMED, J.---By this petition, petitioner has claimed payment of all back-benefits to him on the facts that he was employed as Deputy Manager in pay scale PSE-III with the Pakistan Steel Mill Corporation and was proceeded against under Removal from Service (Special Powers) Ordinance, 2000, pursuant to which he was inflicted penalty of reversion to one lower grade post that of Assistant Manager. The petitioner challenged such order by filing the appeal before the Federal Service Tribunal, who vide its judgment dated 27-3-2006 allowed the appeal of the petitioner, set aside the impugned order and directed that the petitioner be restored to the post of Deputy Manager with all back-benefits of post of Deputy Manager. Pursuant to such judgment of the Federal Service Tribunal, the respondents vide Memorandum dated 8-5-2006 restored the petitioner to the post of Deputy Manager but without prejudice to the right of appeal before the…

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