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RIAZ MAHMOOD MIRZA versus CHAIRMAN, WAPDA, LAHORE


Section 22 Service Tribunals Act (LXX of 1973), Section 4 Basic Rules, R18 Appellant retaining appellate authority went abroad on deputation for a period of two years, but the appellant continued his term of employment. He remained there for more than five years after his termination. After coming to Pakistan for a two-year deputation period, the defendant's authority refused to take him back on the basis that he had been absent for more than five years because he had refused to become an employee of the appellant. Respondents appealed through the appeal filed by them. Under the Basic Rule 18, the appellant had ceased to be a public servant. The Basic Rule 18 was not an extraordinary measure of the Civil Servants Act, 1973, but continues as a legal rule on the power of section 22 of the Civil Servants Act. , 1973, and the same respondent authority passed a legal and valid order through which they refused to appeal, requiring no regulation to be implemented. The only remedy for the appellant in the NT back service was to appeal to the President of Pakistan to resolve his complaint.

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