NASEER AHMAD UPPAL Versus WATER & POWER DEVELOPMENT AUTHORITY

ORDER

1. ABDUL KADIR SHAIKH, J.‑‑ This is a petition for leave to appeal from the judgment of Federal Service Tribunal dated 4‑8‑1986 by which while allowing petitioner's appeal against the order of his removal from service under section 17 (1‑A) of WAPDA Act and setting aside that order with the result directing petitioner's reinstatement in service, the Service Tribunal further directed that the intervening period for which he remained out of service shall be treated as extraordinary leave without pay.

2. Petitioner feels aggrieved by the direction regarding treatment of the aforesaid period as extra‑ordinary leave without pay, and Mr. Raja M. Afsar learned counsel appearing for him submits that the Service Tribunal has failed to follow the principles laid down by this Court in this behalf in the case reported as P L D 1970 S C 415.

3. Learned counsel further submits that during the period of 211 years service, petitioner has already earned sufficient leave with pay which would cover tile aforesaid intervening period, but in view of the impugned direction of the Service Tribunal, petitioner will not be able to avail of the aforesaid earned leave and avoid break in servant for pensionary benefits.

4. The submissions made by the learned counsel deserve consideration. WE, therefore, grant leave and allow the petition.

5. Appeal will be heard on the present record, but it is open to the parties to file additional documents, if any.

6. M.I./N‑25/S Leave granted