Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-------Ss. 2(e), 4 & 21---Law Reforms Ordinance (XII of 1972), S. 3(2), Proviso ---Intra-Court Appeal---Maintainability---Single Judge of High Court having accepted claim of Civil Servant with regard to payment of his salary, department had filed Intra-Court Appeal against said ---Salary of Civil Servant was part and parcel of terms and conditions of his service as was evident from S.2(e) of Punjab Civil Servants Act, 1974, Civil Servant had a right of appeal qua withholding of his salary before appellate Authorities by virtue of S. 21 of the said Act and thereafter he had right to file appeal before Service Tribunal by virtue of S.4 thereof---Even if Civil Servant failed to avail such statutory remedy, Intra-Court Appeal would not be maintainable in view of Proviso to S.3(2) of Law Reforms Ordinance, 1972. Karim Bibi's case PLD 1984 SC 344; Muhammad Abdullah's case PLD 1985 SC 107; M. Jamil Chaudhry v. M. Hanif Chaudhry PLD 1975 Lah. 379; Yusuf Ali Khan v. Muhammad Javed Iqbal Cheema PLD 1975 Lah. 1339 ref. M. Hanif Khattana, Addl. A.-G. for Appellants. ORDER The brief facts out of which the present appeal arises are that respondent filed W.P. No. 10639 of 2003 with the following prayer:-- "In the light of above submissions it is respectfully prayed that the respondents may kindly be ordered to pay the salaries of the petitioner from 1-12-1995 to 31-5-2001 without any further delay. It is further prayed that respondent No. 3 especially be ordered to clear the petitioner's back-benefits without, creating any hindrance and making it the matter of prestige. " Learned Single Judge accepted the Constitutional petition, vide impugned judgment dated 15-9-2004. The appellants being aggrieved filed this Intra-Court appeal. 2. Learned counsel of the appellants submits that respondent was confined in jail in a criminal case only for one month and was released on bail and finally acquitted vide judgment dated 20-12-1999. The respondent claimed the salary for the period from 1-12-1995 to 31-5-2001. The respondent was not entitled to salary for the said period as the respondent did not attend office and performed the duties of the…

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