2023 PLC(CS) 1518 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL

Case information

Citation: 2023 PLC(CS) 1518 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL
Year: 2023
Reporter: PLC
Subject matter: Service
Provisions referred to: S. 5---F

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2023 PLC(CS) 1518 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNALBookmark this Case MUHAMMAD ASAD ULLAH SIDDIQUI VS The REGISTRAR, LAHORE HIGH COURT, LAHORE S.5---Fundamental Rules, R.54---Civil Service Rules (Punjab), R.7.3---Re-instatement of a Civil Judge---Back benefits, grant of---Principles---Working for gain in the intervening period---Scope---Representation of the appellant (Civil Judge) for grant of back benefits from date of his dismissal to date of re-instatement was rejected by the competent authority---Validity---If the officer had worked for gain for certain period, he should not be allowed the back benefits in full, rather the amount which he had earned for working gainfully would be excluded from his entitlement---In order to determine the actual benefits in the case when the officer worked for gain a thorough inquiry and probe was required, which had not been done in the present case; and representation of the appellant was rejected summarily on the sole ground that he had worked for gain for the intervening period---For calculating back benefits, it was not the period which mattered, rather it was the amount, which the employee had earned during that period, which played a pivotal role for such determination---Tribunal set-aside the impugned order and directed that representation of the appellant would be deemed to be pending before the competent authority for a decision afresh---Appeal was disposed of accordingly.

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