' NAZIM HUSSAIN SIDDIQUI, J.---This appeal by leave of this Court is directed against the judgment, dated 15-11-1997 of learned Punjab Service Tribunal, Lahore, hereinafter referred to "the Tribunal", whereby Appeal No,831/1995 filed by the appellant was allowed and he was reinstated in service and period intervened between dismissal and reinstatement was ordered to be treated as leave of the kind due.
2. The facts relevant for decision of this appeal are that the appellant was employed as a Junior Clerk in Civil Court, Bhawalnagar and on 29-6-1994 he was compulsorily retired. He successfully challenged above order before Tribunal through Appeal, which was allowed.
3. Vide order, dated 21-4-1999, leave to appeal was granted to consider whether he was entitled to all back benefit when his said retirement was found against law.
4. Mr. Muhammad Zaman Bhatti, learned counsel for the respondents concedes the case of the appellant. He states that in view of the case reported as Ali Nawaz v. Pakistan Railways through Chairman/Secretary and others (1999 SCM R 1873), the appellant is entitled to back benefits from the date of his removal to the date of his reinstatement. In the above reported case, the removal of the petitioner of said case was found unjustified and it was held that Service Tribunal was not right in denying back benefits in such circumstances.
5. In consequence, we allow this appeal, set aside the order of the Tribunal only to the extent of back benefits, and order that all back benefits shall be paid to the appellant from the date of his retirement to the date of his reinstatement.