Law: North West Frontier Province Service Tribunals Act, (I of 1974)

Section: 4

North West Frontier Province Service Tribunals Act (I of 1974)--- ----S. 4---Reinstatement without back-benefits---Appointment against land grants---Civil servants were class-IV employees in education department and their services were terminated for the reason that they did not donate lands to the department---Service Tribunal set aside the termination orders of civil servants and directed the authorities to adjust them as and when vacancy would exist---Plea raised by civil servants was that after setting aside of termination order, they should have been reinstated with back-benefits---Validity---Policy of making appointments against land grants was tantamount to sale of public office for property---Such appointments were not only against the Constitution but also were not conducive to public interest and were' void ab inito--Once it was held that termination of civil servants was void ab initio, they became entitled to reinstatement with back-benefits and could not, despite such decree, be left at the mercy of department for adjustment, which might or might not occur or which might or might not be possible---Conclusion arrived at by Service Tribunal was unlawful and amounted to giving no relief to successful civil servants---Supreme Court converted petition for leave to appeal into appeal and set aside the passed by Service Tribunal---Supreme Court reinstated the civil servants with effect from the date of their removal with back-benefits---Appeal was allowed. 1993 SCMR 1287 fol. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Umer Said, Yousaf Khan and Ali Akhtar having been appointed as Class-IV employees in the Education Department on 1-9-1995, 15-6-1993 and 17-4-1993 respectively, their services were terminated on 19-7-1997 on the only ground that they were not the donors of land to the department. Through the impugned judgment dated 18-5-2004, the learned N.-W.F.P. Service Tribunal Peshawar accepted their appeals against such termination but directed the department to adjust the appellants against Class IV vacancies, as and when occur. 2. The department has not…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492