| Case ID |
df475db8-e78b-41fb-a4e7-085308246916 |
| Body |
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| Case Number |
605/25 of 1982 |
| Decision Date |
May 10, 1983 |
| Hearing Date |
|
| Decision |
The appeal of Muhammad Ali Patwari has been accepted by the Tribunal. The impugned order dated 16th September, 1982, which treated the period from 20th May, 1977, to 16th September, 1982, as leave without pay, has been modified. Instead, this period shall be regarded as 'on duty'. This decision aligns with previous judgments that assert that upon rescinding a retirement order, the civil servant reverts to their prior position of duty, and the intervening period must be treated as such. No costs have been ordered in this appeal. |
| Summary |
The case revolves around Muhammad Ali, a Patwari who was compulsorily retired after 25 years of service under the Punjab Civil Servants Act, 1974. The Tribunal addressed the appeal regarding the treatment of the intervening period between retirement and reinstatement. The ruling emphasized the legal position that upon rescinding a retirement order, the individual is reinstated to their duty status and the intervening time is not considered as leave without pay. This case highlights the procedural adherence necessary in civil service retirements and the rights of civil servants to challenge unjust decisions. Keywords: Punjab Civil Servants Act, retirement rescindment, civil service rights, legal appeal, duty status. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL,
JABBAR KHAN,
MALIK ZAWWAR HUSSAIN,
ABDUL HAMID CHAUDHRY
|
| Lawyers |
A. G. Humayun
|
| Petitioners |
MUHAMMAD ALI
|
| Respondents |
GOVERNMENT OF THE PUNJAB,
COMMISSIONER, FAISALABAD DIVISION
|
| Citations |
1984 SLD 1495,
1984 PLC 882
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Punjab Civil Servants Act
|
| Sections |
12 (ii)
|