1991 PLP 192 (SCMR)

SHAFIUR RAHMAN, J.‑‑‑Leave to appeal was granted to the appellant under Article 212(3) of the Constitution to examine whether the Service Tribunal by its judgment, dated 5‑1‑1984 while dismissing the service appeal had correctly abstained from passing any order with regard to his salary for the period 17‑5‑1980 (the date of his dismissal) to 13‑5‑1982 (when he was ordered to be reinstated).

2. The brief facts necessary for disposal of this appeal are that as a measure of departmental punishment the appellant was dismissed from service on 17‑5‑1980. He appealed to the Service Tribunal and the dismissal order was set aside on account of serious defect in the procedure permitting the competent authority to undertake fresh proceedings if so advised. In consequence of this order, dated 22nd of March, 1982; the departmental proceedings were started afresh and he was awarded the following two penalties:‑‑ "(1) Compulsory retirement from service; (2) Proportionate recovery of loss to Government to be determined and recovered by Chief Engineer Highways Department, Punjab, Lahore." He brought the grievance to the Service Tribunal but did not succeed and both the penalties awarded by the departmental authorities remained intact.

3. One of the prayers contained in the Service Appeal was as hereunder:‑‑ "It may also kindly be directed to the respondents to pay to the appellant full pay and allowances for the intervening period between his original dismissal from 17‑5‑1980 and reinstatement on 13‑5‑1982 or alternatively appellant be paid subsistence allowance as originally sanctioned by order, dated 21‑3‑1975:"

4. It was taken note of by the Tribunal in the very opening paras. of its judgment. It was not finally dealt with nor attended to. Section 16 of the Punjab Civil Servants Act, 1974 provides as hereunder:‑‑ "

16. Pay.‑‑A civil servant appointed to a post or grade shall be entitled, in accordance with the rules, to the pay sanctioned for such post or grade: Provided that, when the appointment is made on a current charge basis or by way of additional charge, his pay shall be fixed in the prescribed manner: Provided further that where a civil servant has been dismissed or removed from service or reduced in rank, he shall, in the event of the order of dismissal, removal from service or reduction in rank being set aside, be entitled to such arrears of pay as the authority setting aside the order may determine."

5. In view of the second proviso, the Service Tribunal should have, while setting aside the dismissal order, in earlier round, passed an order in terms thereof. That having not been don, and the matter again having been directly raised before the Tribunal, it should have been dealt with on merits. As the matter has remained unattended, we accent this anneal to that extent and remand the case. to the Service Tribunal for decision m accordance with section 16 of the Punjab Civil Servants Act, of the matter before it. The appellant has been ordered to appear before the Tribunal on the 16th of April, 1990. No order is made as to costs. A.A./N‑246/S Case remanded.