Law:

Section:

Punjab Service Tribunals Act (IX of 1974)--- ----S.4---Constitution of Pakistan (1973), Art.212(3)---Arrears of salary, entitlement to---Period consumed during departmental proceedings--­Reinstatement in service---Civil servant was dismissed from service on , the allegation of absence without leave---Order of dismissal was set aside by Departmental Appellate Authority and the civil servant was reinstated in service---Salary qua the period during which the civil servant remained out of service was treated as extraordinary leave---Service Tribunal found the civil servant entitled to the payment of arrears of pay for the period---Validity---Competent Authority had set aside the order of dismissal from service of the civil servant being satisfied that the same was not passed in a proper manner--If the civil servant was not at fault to any manner, he could not be deprived of his salary for the period during which his departmental appeal could not be decided by the Competent Authority in time- --Authorities failed to raise question of law of general public importance as envisaged within the contemplation of, Art 212(3) of the. Constitution warranting interference by Supreme Court---Leave to appeal was refused. JUDGMENT TANVIR AHMED KHAN, J. ---Leave to appeal is sought against the judgment dated 25-9-2001 of the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), whereby the appeal filed by the -Respondent was allowed holding him entitled to the payment of arrears of pay from 9-5-1995 to 26-5-1998. The facts briefly stated are that the -Respondent was dismissed from service on 9-5-1995 on the charge of absence from duty with effect from 15-9-1993 to 18-1-1994, He filed a departmental appeal within time and the Director Education (Elementary) accepted the same on 27-5-1998 and reinstated him in service, However, his salary qua the period during which he remained out of service was treated as leave without pay. The -Respondent filed Appeal No. 1050 of 1998 before the Tribunal assailing the aforesaid order, dated 27-5-1998, which was disposed of on 24-1-2000 with a direction to the Director, Public Instructions (Elementary), Punjab to decide his…

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