' C.M. No,1 of 2015 ' This is an application under section 6 of The Punjab Subordinate Judiciary Service Tribunal Act, 1991 read with section 151, C.P.C. For issuance of direction to the respondent to release applicant's salaries, allowances, increments etc. With effect from 24.5.2012 by implementing/ executing the judgment dated 16.01.2015 passed by this Tribunal in S.A. No,11 of 2012.
2. Briefly the facts of the case are that the disciplinary proceedings were initiated against the applicant, Muhammad Anayet Gondal, under The Punjab Civil Servants (Efficiency and Discipline)
Rules, 1999 which culminated in the Notification dated 24.5.2012 whereby major penalty of dismissal from service was imposed upon the applicant. Feeling anguished, the applicant challenged the said notification through an appeal under Section 5 of The Punjab Subordinate Judiciary Service Tribunal Act, 1991 i,e, S.A No,11 of 2012 before this Tribunal. Due to some procedural flaws in the disciplinary proceedings the said appeal was accepted vide judgment dated 16.01.2015 in the following terms: "In the sequel, while setting aside the impugned Notification dated 24.5.2012, this appeal is accepted and the Registrar of the Lahore High Court, Lahore is directed to place the matter before the Authority for granting reasonable time to the appellant for submitting reply to the final show cause notice dated 10.3.2012 and thereafter to take further steps as per relevant rules."
' The applicant challenged the judgment of this Tribunal through CPLA. No,172 of 2015 before the Hon'ble Supreme Court of Pakistan. This petition was dismissed being without merit vide order dated 5.3.2015. Subsequently, in compliance with the judgment dated 16.1.2015 passed by this Tribunal the applicant was reinstated into service with immediate effect vide Notification No,53/RHC/CJJ, dated 27.3.2015. The applicant accordingly joined the duty on 1.4.2015. Now, the applicant has filed the present application with a prayer that a direction be issued to the respondent to release his salaries, allowances and increments, etc., that is, back benefits with effect from 24.5.2012.
3. The applicant, in person, submits that this Tribunal vide its judgment dated 16.1.2015 had reinstated him into service and, therefore, he is entitled to consequential back benefits; and that non-payment of back benefits is a clear violation of section 16 of The Punjab Civil Servants Act, 1974.
4. On the other hand, learned counsel for the respondent has submitted that in compliance with judgment dated 16.1.2015 of this Tribunal, matter was placed before the Authority; and, that the Authority, i,e,, the Administration Committee of the High Court in its meeting held on 30.01.2015 resolved as follows: "Judgment dated 16.1.2015 passed by Subordinate Judicial Service Tribunal in Service Appeal No,11 of 2012 titled "Muhammad Anayat Gondal v. Registrar, Lahore High Court, Lahore" perused and it is resolved to reinstate the Officer in service. Mr. Justice Syed Mazahar Ali Akbar Naqvi is requested to afford personal hearing to the Officer by granting him reasonable time for submitting reply to the Final Show Cause Notice dated 10.3.2012 and record Note on Personal Hearing along with recommendations for grant of back benefits to the Officer for consideration by the Committee."
' The respondent's counsel summed up his arguments by submitting that the question of grant of back benefits to the applicant shall be decided by the Authority after getting recommendations from the Hearing Officer and, thus, this application being premature is not competent.
5. We have heard the parties and perused the record. This Tribunal vide its judgment dated 16.1.2015 in S.A. No,11 of 2012, after finding certain infirmities in the procedure, had set aside the notification dated 24.5.2012 and reinstated the applicant into service but without passing any order with respect to grant of back benefits. It means that the back benefits were not granted to the applicant. In the said appeal before this Tribunal the applicant had pleaded that reasonable time for submitting reply to the final show cause notice dated 10.3.2012, i,e, a notice for enhancement of punishment, was not given to him; that he had received the said show cause notice on 14.3.2012 and at that time he was discharging his duties as Civil Judge, Class-I, at Darya Khan; and that he had filed an application dated 14.3.2012 before the Registrar, Lahore High Court, Lahore with a request that he be allowed to peruse/consult record of inquiry proceedings and for provision of necessary documents for submitting the proper reply to the notice; and, that neither the documents were supplied to him nor reasonable time for filing reply to the show cause notice was granted and, therefore, the hearing afforded to him on 16.3.2012 was feigned. It was, in these circumstances, this Tribunal set aside the notification dated 24.5.2012 vide its judgment, referred to above, on technical grounds and directed the Registrar, Lahore High Court, Lahore to place the matter before the Authority for granting reasonable time to the applicant for submitting, reply to the final show cause notice dated 10.3.2012 and thereafter to take further steps as per relevant rules. The contention of the applicant that on setting aside of the order of dismissal by this Tribunal he was entitled to the back benefits under section 16 of The Punjab Civil Servants Act, 1974 is of no avail to him as obviously he was not acquitted of the charges but he was reinstated into service on technical grounds and, therefore, he cannot claim that he is entitled to the back benefits on his reinstatement into service. In this regard guidance may be had from the case Syed Kamaluddin Ahmad v. Federal Service Tribunal and others (1992 SCM R 1348). Since the judgment dated 16.01.2015, referred to above, which has attained finality with the approval of the order dated 5.3.2015 passed by the Hon'ble Supreme Court of Pakistan in CPLA. No,172 of 2015, is silent about the grant of back benefits, the direction, as prayed for in this application, for release of salaries, allowances, increments etc. Is uncalled for.
6. Upshot of the above discussion leads to the conclusion that the instant application sans merit and, therefore, the same is dismissed.