Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)-------S. 4---Civil Service Regulation, Regln. 519---Retirement on medical ground---Reinstatement---Appeal to Service Tribunal---Appellant serving as teacher was allowed to retire from service on medical ground---After regaining health and finding her fit by Doctor, appellant applied for her reinstatement---Appellant was medically examined by a duly constituted Medical Board and was found fit for service---Fitness certificate was issued, but despite that appellant was not reinstated in service---After having been declared fit by a duly constituted Standing Medical Board, appellant was entitled to be reinstated/re-employed into service on the strength of Regln. 519 of Civil Service Regulations and no bar existed to her re-employment---Appellant having made out a case for indulgence of Service Tribunal, appeal of appellant against denial of her reinstatement/re-employment was accepted and appellant was re­employed/reinstated into service---Intervening period was treated as leave of kind due according to rules. PLD 1994 SC 647 ref. Ijaz Anwar for Appellant. Noor Zaman Khan, Additional Government Pleader for Respondents. JUDGMENT ABDUL SATTAR KHAN, CHAIRMAN.---This appeal under section 4 of the N.-W.F.P. Service Tribunals Act, 1974 has been filed by Shamshad Bibi (appellant) against the denial of her reinstatement/re­employment after having declared fit medically by the Standing Medical Board and also against the order dated 9-4-2004 vide which her appeal was rejected, with the prayer that on acceptance of this appeal, the impugned order dated 9-4-2004 may be set aside by reinstating the appellant with full back wages and benefits of service. 2. The facts, in brief, as averred in the memo. of appeal are that the appellant was appointed as PT in the Education Department vide order dated 31-3-1985 (Annexure-A) and after completion of her PTC course, she was given the post of PTC. She while serving as such complained of ill health and was referred to Standing Medical Board which vide its meeting dated 9-8-1997 declared the appellant as unfit for service (Annexure-B). On the basis of the opinion of the…

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