Law:

Section:

Government Servants (Efficiency and Discipline) Rules, 1973 R.4Civil Servants Act (LXXI of 1973), S.19Constitution of Pakistan (1973), Art.212(3)Removal from servicePayment of pensionCivil servant was removed from service on the ground of unauthorised absence and order of his removal was upheld by Service TribunalSupreme 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 furtherPetition for leave to appeal was disposed of accordingly. ORDER MUNAWAR AHMAD MIRZA, J. The husband of -Petitioner Mst. KhubunNisa 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 3101992 with effect from 2341992. 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 2411995. The above decision has been assailed through this petition for leave to appeal. 2. The case was earlier taken up on 2541997 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 lost 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 report was directed to be P' submitted to this Court within a month…

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