| Case ID |
f638c39e-09b2-40b4-9e30-b4cce0a614c7 |
| Body |
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| Case Number |
Service Appeal No. 555 of 1991 |
| Decision Date |
Aug 28, 1993 |
| Hearing Date |
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| Decision |
The appeal was made to set aside the order of compulsory retirement and restore the appellant to his original post with all back benefits. It was established during the hearing that the appellant had already been reinstated by the competent authority. The Legal Advisor of the Forests Department confirmed the reinstatement, and a copy of the reinstatement order was produced by the appellant's counsel. The order clarified that the appellant was reinstated against a post that became vacant due to another employee's retirement. The court found the counsel's concerns about the reinstatement date unfounded, affirming that the appellant should be deemed to have been restored to the position he held before his compulsory retirement. Consequently, the appeal was declared infructuous as the appellant had already been reinstated. |
| Summary |
In the case of Service Appeal No. 555 of 1991, the Service Tribunal of Azad Jammu and Kashmir addressed the issue of compulsory retirement and reinstatement of the appellant, Punnu Khan. The decision highlights the legal principles surrounding reinstatement in civil service positions. The Tribunal ruled that the appellant was entitled to restoration to his original position following confirmation of his reinstatement by the Legal Advisor of the Forests Department. The case emphasizes the significance of clear communication in legal orders, particularly regarding the effective date of reinstatement. This ruling reaffirms the rights of employees within civil service and the importance of due process in matters of employment termination and reinstatement. Keywords such as 'compulsory retirement,' 'civil service reinstatement,' and 'legal rights of employees' are crucial for understanding the implications of this ruling in labor law and civil service regulations. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA BASHIR AHMAD KHAN,
KHAWAJA ABDUL HAMEED
|
| Lawyers |
Sardar Rafiq Mahmood
|
| Petitioners |
PUNNU KHAN
|
| Respondents |
2 others,
CHIEF CONSERVATOR OF FORESTS, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, MUZAFFARABAD
|
| Citations |
1994 SLD 381,
1994 PLC 536
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| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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