Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Civil service---Implementation of ---Appeal by petitioner was allowed by Service Tribunal and he was ordered to be reinstated in service---Petitioner submitted his joining report on 12-11-2003, but he was not taken on duty on ground that Authorities intended to approach Supreme Court against of Service Tribunal---Petition for Leave to appeal filed by Authorities was dismissed, but despite that petitioner was not allowed to join the duty---Petitioner, who had submitted joining report, could not be blamed and he would be treated and deemed to be on duty w.e.f. 12-11-2003 when he submitted his duty report for the first time after decision of Service Tribunal and he was not allowed to join without any lawful excuse. Syed Muhammad Saulat Rizvi, for Petitioner. Abdul Hai Khan Pathan for Respondents. Date of hearing: 16th March, 2005. ORDER Through this Constitutional petition the petitioner has prayed that a direction be issued to the respondents to implement the judgment dated 10-11-2003 passed by the Federal Service Tribunal in letter and spirit and reinstate the petitioner in service and allow him wages since the date of judgment of Tribunal. It is not disputed that service appeal filed by the present petitioner was allowed by Federal Service Tribunal on 10-11-2003 and he was ordered to be reinstated in service, where after he submitted his duty joining report on 12-11-2003, which was received in the office of respondent No.3 on the same date, but he was not taken on duty on the ground that respondents intended to approach the Honourable Supreme Court of Pakistan against the judgment of Federal Service Tribunal. It appears that respondent filed C.P.L.A. 3338 of 2003 in the Honourable Supreme Court of Pakistan but neither the leave nor stay was granted and ultimately the petition was dismissed on 22-2-2005. Despite that the petitioner was not being allowed to join the duty though he had been running from pillar to post. Ultimately he filed this petition. Time was sought in this petition on various dates on the ground that petition for leave to appeal has been filed before the…

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