Law:

Section:

(a) Punjab Civil Servants (Efficiency and Disciplinary) Rules, 1999-------Rr. 3(b) & 4(1)(b)(iii)---Punjab Service Tribunals Act (IX of 1974), S.4---Appeal---Misconduct, charge of---Compulsory retirement, penalty of---Civil servant not found guilty of charge during several inquiries---Reinstatement in service, but refusal of Service Tribunal to grant back benefits to civil servant---Validity---Authority had not denied plea of civil servant raised in appeal as to non-remaining gainfully employed during relevant period---Civil servant had not been found gainfully employed anywhere during relevant period---Depriving civil servant from back benefits for the period for which he remained out of job without any fault of his, would be unjust and harsh---Tribunal had decided controversy between parties without judicial application of mind---Impugned was not sustainable in eyes of law---Supreme Court accepted appeal of civil' servant. Mansoor-ul-Haq's case 2004 SCMR 1308; Sher Muhammad Shahzad's case 2006 SCMR 421; Binyamin Masih's case. 2005 SCMR 1032; Mehmood Ahmad Butt's case 2002 SCMR 1064 and Mrs. A.V. Issac's case PLD 1970 SC 415 rel. (b) Civil service---- ---Reinstatement in service---Back benefits, grant of---Principle stated. Grant of service back benefits to an employee, who has been illegally kept away from employment is the 'rule and denial of such benefits to such a reinstated employee is an exception on the proof of such a person having remained gainfully employed during such a period. Mansoor-ul-Haq's case 2004 SCMR 130.8; Sher Muhammad Shahzad's case 2006 SCMR 421; Binyamin Masih's case 2005 SCMR 1032; Mehmood Ahmad Butt's case 2002 SCMR 1064 and Mrs. A.V. Issac's case PLD 1970 SC 415 rel. (c) Precedent--- ----Each and every case would be decided on its own peculiar circumstances and facts. Muhammad Saleem's case 1994 SCMR 2213 rel. (d) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4---Civil Procedure Code (V of 1908), Preamble---Appeal---Tribunal would be deemed to be civil court, thus, could take benefit of principles of C.P.C. while deciding appeal---Principles. (e) Appeal (Civil)--- ----Evasive reply to averments made in appeal would not be…

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