1114/2024 Const. P. Khan Muhammad (Petitioner) V/S Director General Agricultural Resaerch (Respondent)

1114/2024 Const. P. Khan Muhammad (Petitioner) V/S Director General Agricultural Resaerch (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 23-SEP-24

The details of F.R. 54 elucidate that in the situation where a dismissed government servant is reinstated, the revising or appellate authority may grant his pay to him for the period of his absence from duty. Seemingly, the letter in question refers to F.R. 54 (a), which emphasizes that if such a government servant is honorably acquitted, he shall be granted the full pay to which he would have been entitled if he had not been dismissed or removed, and, by an order to be separately recorded, any allowance of which he was in receipt before his dismissal or removal. In a case falling under clause (a), the period of absence from duty will be treated as a period spent on duty. According to the explanation attached to this Rule, the "revising authority" means the "authority" or "authorized Officer" as defined in the Government Servants (Efficiency and Discipline) Rules, 1973, who passes the final order on the case and not the authority who passes an order on appeal. 7. Even otherwise, the details of F.R. 54 clarify that in the case of reinstatement of a dismissed or removed employee, only the revising or appellate authority may grant him his pay for the period of his absence from duty, and if he is honorably acquitted then, the full pay to which he would have been entitled to, and his period of absence from duty will be treated as a period spent on duty.