1984 PLP (C (PLC)

S. ABDUL JABBAR KHAN (CHAIRMAN)‑ Muhammad Siddique has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Government of the Punjab through Secretary, Mans-power and Training Punjab Lahore, Director Manpower and Training Lahore, Manager Employment Exchange, Gujrat and the Divisional Forest Officer, Rawalpindi, as respondents. 2. By virtue of this appeal he has prayed that the impugned order dated 11th January, 1981, passed by respondent No. 1 and order dated 13th January, 1981 passed by respondent No. 2 to the extent of the conditions mentioned therein be declared null and void and of no legal effect and the same and set aside and the appellant be declared as confirmed be ordered to work at Jhang and be allowed all back benefits. 3. Brief facts of the case are that the appellant was appointed in 1969 as Forest Guard by respondent No. 4. After serving 9 years in the said Department he got himself appointed in the Department of respondent No. 2 by applying through proper channel. At one stage the services of the appellant were terminated by respondent No. 2 and far that matter the appellant came before the Punjab Service Tribunal on 16th November, 1980 in Appeal No. 695/80. However, the respondent No. 2 vide his order dated 11th November, 1981 and 13th January, 1981, respectively re‑instated the appellant back into service with the condition that intervening period service shall be treated as extraordinary leave and probation period would also be extended. The appellant was also transferred to Gujrat. The appellant requested this Tribunal that he may be allowed to amend his appeal as he wanted to agitate on the conditions so imposed against him, in the re‑instatement order passed in his favour. This Tribunal did not accede to his request and disposed of his appeal as infructuous while observing that if he had any grievance against the conditions so imposed, he was at liberty to file a fresh appeal, subject to all just exceptions. Hence this appeal. 4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and find that after filing of this appeal before this Tribunal the appellant left the Department and has joined the Ministerial Establishment of the Lahore High Court. In view of this matter two of the grievances i.e. extension of probation period and his transfer from Gujrat, have become redundant. The only issue before us would be whether the absence of the appellant for the period 10th July, 1980 till he reported at Gujrat could be treated as extraordinary leave without pay or leave on due basis. To resolve this matter we have looked into section 16 of the Punjab Civil Servants, 1974 and find that in this proviso it is laid down as under :‑ "Where a civil servant has been dismissed or removed from service or reduced in rank he shall, in the event of 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." In view of the clear language of section 16 of the Punjab Civil Servants Act, 1974, we are of the considered opinion that it was within the discretion of the authority so re‑instating the appellant to treat the period of his, absence either as leave extraordinary nature without pay or of the kind, due or on duty. 5. In view of the above we do not find any merits in the case of the appellant and find no exception to the order so passed by the competent authority in his case. The result is we proceed to dismiss the appeal as being without any merits. The parties shall bear their own costs. A. E,??????????????????????????????????????????????????????????????????????????????????????????????????? ????? Appeal dismissed.