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Petitioner: RIAZ AHMAD URFI VS Respondent: GOVERNMENT OF THE PUNJABHonorable Justice Irshad Hassan Khan
1992 P L C (C
1992 P L C (C.S.) 562
[Lahore High Court]
Before Raja Afrasiab Khan, J
RIAZ AHMAD URFI
versus
GOVERNMENT OF THE PUNJAB and others
Writ Petition No. 6676 of 1991, decided on 17th October, 1991.
Civil service---
----Pension---Grant of---Services of civil servant were terminated by Authority, but Civil Court by its judgment and decree reinstated him and found him entitled to receive emoluments of the period for which he remained out of service---Appellate Court, on appeal filed by Authority against judgment and decree of Civil Court, upheld reinstatement of civil servant, but modified decree and judgment of Civil Court to the effect that civil servant was not entitled to receive emoluments for the period he remained out of service-- Judgment and decree of Appellate Court attained finality as Authority had not assailed same---Civil servant after his retirement, despite his best efforts, could not get his pensionary benefits due to him under law---Civil servant did not claim arrears of his salary for intervening period, but had claimed that period for which he remained out of service from time of his termination to the date of his reinstatement, should be calculated towards service while considering his case for grant of pension to him---In presence of decision of Civil Court and Appellate Court according to which civil servant was reinstated, order of Authority terminating services of civil servant, would be deemed to have never existed in the eye of law---Civil servant would be deemed to be on duty for the period he remained out of service with a view to entitle him to get pension-- Civil servant was entitled to grant of full pensionary benefits as if he never remained out of service due to his termination, which period would have to be treated as a period on duty, though without remuneration.
Pakistan through General Manager, P.W.R., Lahore v. Mrs. A.V. Issacs PLD 1970 SC 415 and Muhammad Shaukat Tarar v. Government of the Punjab 1981 PLC (C.S.) 324 ref.
Syed Jamshed Ali for Petitioner.
Ch. Muhammad Iqbal Vehniwal for Respondents
Date of hearing: 17th October, 1991.