MUHAMMAD NAZIM KHAN Versus GOVERNMENT OF PUNJAB

ORDER

M. SALEEM CHAUDHRY (CHAIRMAN).‑ This application has been moved by Muhammad Nazim Khan, Range Forest Officer in respect of our judgment dated 7‑6‑1977, vide which his Appeal No. 179,/668 of 1975, was accepted. It is submitted on behalf of appellant that though declared as repatriated he is being denied the seniority and allied benefits due as repatriate from Sind Government to the Government of Punjab. Reliance has been placed in this behalf on para. 10 of the above judgment of this Tribunal, which is to the following effect: ‑

"On a close consideration of the respondents' pleas, we find that the elaborations and interpretations of the Governor's order dated 4th May, 1972 made by the respondent Department cannot be maintained. The said order plainly and simply states that the appellant is repat riated from Sind to the Punjab. The Governor of the Punjab was constitutionally empowered to make such an order and accord the status of a repatriated person to the appellant. We, therefore, hold that the appellant was a repatriated person from Sind to the Province of the Punjab."

2. We had issued notice to the Department and Mr. Razi Kamran appeared for the Department to confirm before us that the Department was interpreting the judgment above as conferring only the benefit of salary last drawn by the appellant under the Sind Government.

3. After hearing the parties we are constrained to observe that the interpretation placed on the judgment of this Tribunal is contrary to our finding. The intention was to grant all benefits admissible to a repat riate to the Government of Punjab in consequence of the dissolution of the Province of West Pakistan. We did riot pass any direction in the matter of seniority, etc. because the order was yet to be passed by the Depart ment.

We accordingly direct that the appellant be treated as a repatriate for all purposes and his seniority and other issues relating to his terms and conditions may be settled in the light of the Government instructions on the subject. The application is disposed of with the observations above,

Order accordingly: