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1981 PLC (C. S.) 516

NAZIR ALI vs SUPERINTENDING ENGINEER, THAL CANAL CIRCLE

Citation1981 PLC (C. S.) 516
CourtPunjab Service Tribunal
Case No.Case No, 210/322 of 1978
Date1981-06-16
Judge(s)S. Hafeez-Ur-Rehman
ResultOrder accordingly

ORDER

' In that decision the impugned order of the Executive Engineer dated 1st March. 1978 was set aside.

The applicant states that, whereas he has been re-instated in service on the basis of or judgment, the respondent-Department is reluctant to pay the appellant's dues in respect of salaries etc. For the period he remained out of service, t. e. 5th November 1976 to the date of or judgment. He seeks clarifications of the order in this respect.

2. It is hereby clarified that, as held by us in a number of other similar orders, when the impugned order was set aside, it was done by us on the ground that the order was void and without legal fact.

We there for, by virute of or judgment of 5th September, 1979, the applicant will be considered to have been in service during the above-mentioned period. Consequently we hold that the applicant in this case is entitled to full salaries/allowances etc., in respect of the period he remained out of service.

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