MOAZZAM HAYAT (MEMBER).--- Appellant Riaz Mahmood Mirza was a Line Superintendent Grade-II in Murree Sub-Division. He went to Libya to work on deputation with Electricity Corporation, Bin Ghazi for a period of two years vide order of the Managing Director (Power) WAPDA dated 10-6- 1972. He remained in Libya even after the expiry of his deputation period. He came to Pakistan in July 1998 and reported for duty to the respondents on 20-12-1999. The respondents refused to take him back in service on the ground that since he had remained absent for a period of more than five years, therefore, he had ceased to be their employee. Through the present appeal under Section 4 of the Service Tribunals Act, 1973 the appellant has prayed that the respondents be directed to take him back on duty from the date of submission of his arrival report.
2. The appeal has been resisted by the respondents. It is stated that the appellant has ceased to be a Civil Servant by the operation of FR-18 and CSR-198.
3. We have heard the learned counsel for the parties and have also perused the record.
4. In PLD 1990 SC 666 it is held that "Fundamental Rule 18 is not ultra vires of the Civil Servants Act, 1973, it is continued as a statutory rule on the strength of Section 22 of Civil Servant Act and no procedural requirement exists for giving effect to it---Remedy lies in approaching the designated authority and not challenging the legal effect of the rule itself." The same view has been taken by the apex Court in 2001 SCJ 1301 In view of the law laid down by the apex Court we hold that the respondents had passed a legal and valid order by which they had refused to take the appellant back into their service. The only remedy available to the appellant is to make an appeal to the President of Pakistan for redressal of his grievance.
5. For the above reasons we find no merit in this appeal which is hereby dismissed in limine.