{ "schema_version": "qanun-law-text/1", "id": "pk-code-6c3feef562d6cbac", "title": "Sacked Employees (Re-instatement) Act, 2010", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2FsbJw%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "da9084ec702a57305b10b999907023372c282d87f4d8fc045c4fa2f801707d0e", "source_sha256": "da9084ec702a57305b10b999907023372c282d87f4d8fc045c4fa2f801707d0e", "text_version_id": "law:pk-code-6c3feef562d6cbac:sha256:da9084ec702a57305b10b999907023372c282d87f4d8fc045c4fa2f801707d0e", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 14 \r\n \r\n \r\n \r\n THE SACKED EMPLOYEES (RE­INSTATEMENT) ACT, 2010. \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Application of sacked employee \r\n4. Re­instatement of employees in service and regularization of employee's service \r\n5. Sacked employee already reached at the age of superannuation \r\n6. Sacked employees removed from service on account of closure of employer organization \r\n7. Sacked employees re­instated and again removed from service \r\n8. Joining of duty by sacked employees \r\n9. Sacked employee presently engaged in any other service \r\n10. Change in service structure \r\n11. Sacked employees dismissed, removed or terminated from service on account of absence \r\nfrom duty or misconduct or mis­appropriation of Government m oney or stock or unfitness on \r\nmedical ground \r\n12. Establishment of Sacked Employees' Review Board \r\n13. Petition to the Review Board \r\n14. Promotion and other benefits, privileges, facilities and payments admissible to sacked \r\nemployees during future service \r\n15. Creation of supernumerary post \r\n16. Payment of compensation on re-instatement \r\n17. Cases pending in courts \r\n18. Penalty for disobeying or willfully creating hurdles \r\n \r\n\r\n \r\nPage 2 of 14 \r\n \r\n19. Re-instated employees not to claim other service benefits \r\n20. Act to override other laws \r\n21. Power to make rules \r\n \r\n \r\n \r\n \r\nPage 3 of 14 \r\n \r\nTHE SACKED EMPLOYEES (RE­INSTATEMENT) ACT, 2010. \r\nACT NO. XXII OF 2010 \r\n[ 8th December, 2010] \r\nAn Act to provide relief to persons in corporation service or autonomous or semi­autonomous bodies \r\nor in Government service who were dismissed, removed or terminated from service. \r\n WHEREAS it is expedient for the purpose of providing relief to persons who were appointed \r\nin a corporation service or autonomous or semi­autonomous bodies or in Government service during \r\nthe period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days \r\ninclusive) and were dismissed, removed or terminated from service during the period from the 1st \r\nday of November, 1996 to the 12th day of October, 1999 (both days inclusive) ; \r\n It is hereby enacted as follows:­ \r\n 1. Short title, extent and commencement. __ (1) This Act shall be called the Sacked \r\nEmployees (Re­instatement) Act, 2010. \r\n It extends to the whole of Pakistan. \r\n It shall come into force at once. \r\n 2. Definitions.__ In this Act, unless there is anything repugnant in the subject or \r\ncontext,__ \r\n(a) “Chairman” means Chairman of the Sacked Employees' Review Board; \r\n(b) “competent authority ” means any officer or body authorized to exercise any \r\npower to do any act, thing or work mentioned in or covered under the subject \r\nof this Act; \r\n(c) “defunct organization” means the employer, office, organization or institution \r\nwhich was closed, abandoned or wound-up or any employer organization \r\nwhich ceased to exist on or before the 13th day of February, 2009; \r\n(d) “employer” means the Federal Government or any Ministry or Division or \r\ndepartment of the Federal Government or a corporation or organization or \r\nautonomous or semi autonomous body established by or under a Federal Law \r\nor owned or controlled by the Federal Government; \r\n(e) “Review Board ” or “Sacked Employees' Review Board ” means the Sacked \r\nEmployees' Review Board established under section 12; \r\n(f) “sacked employee” means- \r\n(i) a person who was appointed as a regular or ad hoc employee or on \r\ncontract basis otherwise in service of employer, during the period from \r\nthe 1st day of November, 1993 to the 30th day of November, 1996 \r\n(both days inclusive) and was dismissed, removed or terminated from \r\nservice or whose contract period was expired or who was given forced \r\n \r\nPage 4 of 14 \r\n \r\ngolden hand shake during the period from the 1st day of November, \r\n1996 to the 12th day of October, 1999 (both days inclusive) ; \r\n(ii) a person who was appointed as a regular or ad hoc employee or on \r\ncontract basis or otherwise or who was a member of the civil service of \r\nthe Federation or who held a civil post in connection with affairs of the \r\nFederation, in a Ministry, Division or department during the period \r\nfrom the 1st day of November, 1993 to the 30th day of November, \r\n1996 (both days inclusive) and was dismissed, removed or terminated \r\nfrom service or whose contract period was expired or who was given \r\nforced golden hand shake during the period from the 1st day of \r\nNovember, 1996 to the 12th day of October, 1 999 (both days \r\ninclusive); \r\n(iii) a person who was appointed or re­instated in service of employer \r\nduring the period from the 1st day of November, 1993 to the 30th day \r\nof November, 1996 (both days inclusive) and who was subsequently \r\ndismissed or removed or terminated from service during the period \r\nfrom the 1st day of November, 1996 to the 12th day of October, 1999 \r\n(both days inclusive) or who was intermittently dismissed, removed or \r\nterminated from service from time to time and re­instated through \r\nstatuesque order or judgment of any tribunal or any court including the, \r\nSupreme Court or a High Court or through any administrative order or \r\nthrough withdrawal of any order conveying dismissal, removal or \r\ntermination or by any other way on any date after the 1st da y of \r\nNovember, 1996; \r\n(iv) a persons who was appointed during the period from the 1st day of \r\nNovember, 1993 to the 30th day of November, 1996 (both days \r\ninclusive) and dismissed, removed or terminated from Government or \r\ncorporation service on any charges or allegations during or after the \r\nperiod from the 1st day of November, 1996 to the 12th day of October, \r\n1999 (both days inclusive), whether re­instated or taken back into \r\nservice or not on orders of any tribunal or court including the Supreme \r\nCourt or a High Court or any other authority; \r\n(v) a person who was appointed or re­instated in service of employer \r\nduring the period from the 1st day of November, 1993 to the 30th day \r\nof November, 1996 (both days inclusive) and dismissed or removed or \r\nterminated or dissociated or was discontinued from service on account \r\nof closure of his or her employer or office or organization, irrespective \r\nof the fact that whether a letter or notification or anything in writing \r\nfor sacked employee's dismissal or removal or termination or \r\ndissociation or discontinuation of service was issued or not or the \r\nstatus of sacked employee's service was turned inactive or otherwise; \r\nand \r\n(vi) a person who was appointed or re­instated in service of employer \r\nduring the period from the 1st day of No vember, 1993 to the 30th day \r\nof November, 1996 (both days inclusive) and dismissed, removed or \r\nterminated from service of employer on account of absence from duty, \r\n \r\nPage 5 of 14 \r\n \r\nmisconduct, mis­appropriation of Government money or stock, or \r\nunfitness on medical grounds; \r\n(g) “Secretary” means Secretary of the Ministry under administrative control of \r\nwhich the sacked employee was working or under administrative control of \r\nwhich the sacked employees' employer was functioning at the time of sacked \r\nemployee's dismissal, remov al or termination from service or in cases where \r\nadministrative setup is changed, Secretary of the Ministry under administrative \r\ncontrol of which the employer was working at the time of enactment of this \r\nAct or in case or defunct organization Secretary of the Ministry under \r\nadministrative control of which the employer would have been working at the \r\ntime of enactment of this Act; and \r\n(h) words referring to singular shall also refer to plural and shall vice versa and \r\nwords referring to masculine gender shall also include feminine gender and \r\nvice versa. \r\n 3. Application of sacked employee. __ (1) A sacked employee, as defined in section 2 \r\nabove, may file an application, within ninety days of the enactment of this Act, to an officer of his \r\nemployer for re­instatement of his service where the sacked employee shall clearly write the date of \r\napplication appearing on the face of application. \r\n (2) In case, where sacked employee was s erving in a defunct organization, he shall file \r\nhis application for taking him back into service or in cases where sacked employee has already been \r\nreinstated under directions of any tribunal or any court including the Supreme Court or a High Court \r\nor otherwise he may file his application for his regularization of service. \r\n (3) The application shall be deemed to have been filed with the employer or authority or \r\nofficer so authorized for the purpose of this Act, if the sacked employee files the application in \r\nperson or through his representative or through registered post. In case of filing of application \r\nthrough registered post, receipt of registered post along with a copy of the application, available with \r\nthe sacked employee shall stand sufficient evidenc e of the fact that the application was filed by the \r\nsacked employee, on date appearing on copy of application available with the sacked employee \r\n 4. Re­instatement of employees in service and regularization of employee's \r\nservice.___ Notwithstanding anything contained in any law, for the time being in force, or any \r\njudgment of any tribunal or any court including the Supreme Court and a High Court or any terms \r\nand conditions of appointment on contract basis or otherwise, all sacked emp loyees shall be \r\nre­instated in service and their service shall be regularized with effect from the date of enactment of \r\nthis Act, in the manner provided as under, namely:­ \r\n(a) a sacked employee appointed on permanent or temporary basis or regular or ad \r\nhoc basis or otherwise in any corporation or Government service against a \r\nregular or temporary post shall be re­instated and regularized in regular \r\nservice of the employer on one scale higher to his substantive scale, grade, \r\ncadre, group, post or designation, whatever the case may be, held by the \r\nsacked employee at the time of his dismissal, removal or termination from \r\nservice or at the time forced golden hand shake was given to the sacked \r\nemployee; \r\n \r\nPage 6 of 14 \r\n \r\n(b) a sacked employee appointed on contract basis against a r egular or a \r\ntemporary post and dismissed, removed or terminated from service before or \r\nafter expiry of the contract period and whether or not he was again appointed \r\nand allowed to complete the period of contract, irrespective of the fact that \r\nwhether a let ter or notification for dismissal, removal or termination of the \r\nSacked employee's service or expiry of the contract was issued or not, shall be \r\nre­instated and regularized against a regular post of the same scale, grade, \r\ncadre, group, post or designation, whatever the case may be, in regular service \r\nof the employer; \r\n(c) a sacked employee who was dismissed, removed or terminated from service of \r\nGovernment or any autonomous or semi­autonomous organization on any \r\ncharges or allegations levelled against him an d during or in the result of any \r\nenquiry held by the employer or otherwise on directions of any administrative \r\nauthority or any tribunal or court including the Supreme Court or a High \r\nCourt, or any other authority, the sacked employee is proved not guilty of \r\nthose charges or allegations, he shall be re­instated and regularized in service \r\nof the employer in same scale, cadre, group, post or designation, whatever the \r\ncase may be, in following manner, namely:- \r\n(i) sacked employee, who has not been re­instated or taken back in, \r\nservice until the day of enactment of this Act, shall immediately be \r\nre­instated or taken back into service and regularized with effect from \r\nthe day of enactment of this Act, along with all monetary and other \r\nservice benefits payable and admissible to the sacked employee under \r\nprovisions of this Act; \r\n(ii) sacked employee, who has already been re­instated or taken back in \r\nservice under the directions of any tribunal or court including the \r\nSupreme Court or a High Court or otherwise, shall im mediately be \r\nregularized in service of the employer with effect from the day of the \r\nenactment of this Act, along with all monetary and other service \r\nbenefits payable and admissible to the sacked employee under \r\nprovisions of this Act; and \r\n(iii) sacked emplo yees as provided under sub­clauses (i) and (ii) shall he \r\nplaced at the bottom of seniority list of employer for the scale, cadre, \r\ngroup, post or designation, whatever the case may be, and such sacked \r\nemployee shall be entitled to promotion, retirement and all other \r\nservice benefits admissible to the sacked employees under provisions \r\nof this Act, and at par with other regular employees of the employer: \r\n Provided that charges or allegations levelled afresh, after judgment, order or \r\ndirections of the court, un der which the sacked employee has been re­instated and the said \r\nenquiry was held or charges or allegations levelled at the time of enquiry held under such \r\norder or directions of the court or charges or allegation other than levelled at the time of \r\ndismissal, removal or termination of sacked employee on basis of which the sacked employee \r\nwas dismissed, removed or terminated or charges or allegations merely included in the \r\nenquiry report and any punishment awarded to the sacked employee on basis of such charg es \r\nor allegation taken a fresh shall stand nullified and shall have no effect; \r\n \r\nPage 7 of 14 \r\n \r\n(d) a sacked employee appointed as any type of trainee in service of employer \r\nshall be re instated and regularized on the post, he would have occupied after \r\ncompletion of his term or period as trainee, in regular service of the employer, \r\nnotwithstanding any condition, under provisions of contract or terms and \r\nconditions of appointment regarding availability or vacancy of the post at the \r\ntime of expiration of period for which he was appointed as trainee; \r\n(e) (i) a sacked employee who was given forced golden hand shake shall be \r\nre­instated and regularized subject to in lump sum refund of all monetary \r\nbenefits received by such sacked employee in connection with his or her \r\nforced golden hand shake; and \r\n(ii) statement of a sacked employee to the fact that he was forcibly given \r\nthe golden hand shake in his application, filed under section 3, shall \r\nstand enough evidence for purpose of this Act and the sacked \r\nemployee shall not be asked for any further evidence to establish the \r\nfact that he was given forced golden hand shake by the employer; \r\n(f) a sacked employee re­instated under this Act shall be regularized in the service \r\nof the employer in post, scale, grade, cadre, group or designation, whatever the \r\ncase may be, on which he is re­instated under this Act, as a permanent and a \r\nregular employee, with effect from the day of enactment of this Act, at par \r\nwith other regular employees of the employer concerned and shall be placed at \r\nbottom of the seniority list, effective as on the date of enactment of this Act, \r\nfor scale, grade, cadre, post, group or designation, whatever the case may be, \r\nin which the sacked employee is re­instated in accordance with the provisions \r\nof this Act; \r\n(g) in cases where employer fails to re­instate such sacked employee within \r\nfifteen days of the date of application, filed by the employee under section 3, \r\nsuch sacked employee shall stand re­instated with effect from the date of \r\nenactment of this Act, on first working day after fifteen days of the application \r\nfiled under section 3; and \r\n(h) in cases where employer fails to regularize such sacked employee within \r\nfifteen days of the date of application filed by the sacked employee under \r\nsection 3,such sacked employe e shall stand regularized with effect from the \r\ndate of enactment of this Act, on first working day after fifteen days of the \r\ndate of the application filed under section 3. \r\n 5. Sacked employee already reached at the age of superannuation.__ In cases where a \r\nsacked employee has already reached at the age of superannuation on or before the date of enactment \r\nof this Act,__ \r\n(a) such sacked employee shall be re­instated and regularized in service of the \r\nemployer with effect from the date of enactment of this Act , in the manner \r\nprovided in this Act and shall be notified to have retired from service of the \r\nemployer with effect from one day after the enactment of this Act, irrespective \r\nof age of the sacked employee; \r\n \r\nPage 8 of 14 \r\n \r\n(b) such sacked employee shall be paid an amount e qual to three years \r\nemoluments as provided under section 16; \r\n(c) such sacked employee shall also be entitled and shall be paid all payments, \r\nbenefits, privileges and facilities which becomes due on or after or in \r\nconnection with retirement of regular employees of the concerned employer \r\nunder law for the time being in force, and in accordance with the rules, \r\nprocedures and practices applicable for and at par with other regular \r\nemployees of the employer; and \r\n(d) if the employer fails to notify the re­instatement or regularization or retirement \r\nof the sacked employee within specified time as provided in this Act, the \r\nsacked employee on fifteenth day of the enactment of this Act, shall stand \r\nre­instated and regularized in regular service of the employer with effect from \r\nthe date of enactment of this Act and on sixteenth day of enactment of this Act \r\nshall stand retired from regular service of the employer with effect from one \r\nday after the date of enactment of this Act. \r\n 6. Sacked employees r emoved from service on account of closure of employer \r\norganization.__ In cases where sacked employee was dismissed or removed or terminated from \r\nservice or his or her service was discontinued or held in abeyance due to closure or disbandment or \r\nwinding up of the employer's office, organization or institution, whatever the case may be, or whose \r\nemployer organization ceased to exist on or before the 13th day of February, 2009, whether or not, \r\nany type of notification in writing was issued or served on the sac ked employee, for his dismissal, \r\nremoval or termination or discontinuation of his service or for his service held in abeyance, shall be \r\nre­instated or taken back in service and absorbed and regularized in service of the employer in the \r\nmanner provided as under, namely:__ \r\n(a) the Secretary, Establishment Division shall be treated as the employer of the \r\nsacked employee for purpose of section 3, who shall, within fifteen days of \r\napplication filed by the sacked employee under section 3, re­instate the sacked \r\nemployee or shall take him back in service if the sacked employee's employer \r\nwas closed, disbanded or woundup irrespective of the fact that whether letter \r\nor notification was issued for service status of the sacked employee and shall \r\nadjust, absorb and regu larize the sacked employee in service of the Federal \r\nGovernment in case of employer of the sacked employee was a Ministry or \r\nDivision or a Government department or any organization not being \r\nautonomous or semi­autonomous organization, and shall adjust, abs orb and \r\nregularize the sacked employee in service of any autonomous or \r\nsemi­autonomous organization, where employer of the sacked employee was \r\nan autonomous or semi­autonomous organization, with effect from the date of \r\nenactment of this Act; \r\n(b) the sacke d employee shall be placed at the bottom of the seniority list, \r\neffective as on the date of enactment of this Act, for the scale, grade, cadre, \r\npost, group or designation, whatever the case may be, of the employer \r\nincluding any Ministry or Division or depa rtment or office or autonomous or \r\nsemiautonomous organization, where his services are placed; \r\n(c) where no separate cadre or seniority list is available for employees of a certain \r\nMinistry or Division or department, the Secretary, Establishment Division \r\n \r\nPage 9 of 14 \r\n \r\nshall take the sacked employee into service and re­instate and regularize him \r\nin service at the bottom of the seniority list of the Establishment Division on \r\nthe date of enactment of this Act; and \r\n(d) in cases where the Secretary, Establishment Division fai ls to re­instate or \r\nregularize the sacked employee, within fifteen days of application filed under \r\nsection 3, the sacked employee shall stand re­instated and regularized in \r\nregular strength of the Establishment Division with effect from the date of \r\nenactment of this Act, irrespective of the employer of sacked employee, \r\nwhether or not, was any autonomous or semi­autonomous organization. \r\n 7. Sacked employees re­instated and again removed from service .__ (1) Provisions of \r\nthis Act shall apply in full to a sacked employee who was re­instated during the period from the 1st \r\nday of November, 1993 to the 30th day of November, 1996 (both days inclusive) and was again \r\nremoved or dismissed or terminated from service in any way or whose contract period was expired or \r\nwas given forced golden hand shake during the period from the 1st day of November, 1996 to the \r\n12th day of October, 1999 (both days inclusive). \r\n (2) Sacked employees once re­instated under any Ordinanc e promulgated for \r\nre­instatement of sacked employees after the 13th day of February, 2009 and again dismissed, \r\nremoved or terminated from service before or after the expiry of their contract period, shall also be \r\nre­instated and regularized in regular serv ice of the employer in accordance with provisions of this \r\nAct. \r\n (3) For the purpose of sub­sections (1) and (2), the word 'appointed', wherever appearing \r\nin this Act, shall, wherever needed, be read as 're­instated' and the word 'again', wherever needed, \r\nshall be read before the words “dismissed or removed or terminated ”, for the purpose of \r\nimplementation of this Act. \r\n 8. Joining of duty by sacked employees. __ Sacked employee shall resume his duties \r\nwithin ninety days of the letter issued for his re­instatement or the day the sacked employee stands \r\nre­instated under the provisions of this Act \r\n 9. Sacked employee presently engaged in any other service.__ If any sacked employee \r\nis presently engaged in any employment, other than the employment he was dismissed or removed or \r\nterminated from, as provided under this Act, shall exercise an option in writing to either resume his \r\nservice under this Act or continue his present employment, within forty five days of issuance of letter \r\nof his re­instatement or w ithin forty five days of the day the sacked employee stands re­instated \r\nunder the provisions of this Act. \r\n 10. Change in service structure. __ In cases where any change in structure of any scale, \r\ngrade, cadre, group, post or designation, whatever the case m ay be, has been made by the competent \r\nauthority or employer after the 1st day of November, 1996, the sacked employee on re­instatement \r\nshall be placed in service of the employer on one scale higher than the scale, grade, cadre, group or \r\ndesignation, whatever the case may be, from which he was dismissed, removed or terminated from \r\nservice or given forced golden hand shake. \r\n \r\nPage 10 of 14 \r\n \r\n 11. Sacked employees dismissed, removed or terminated from service on account of \r\nabsence from duty or misconduct or mis­appropriation of Government money or stock or \r\nunfitness on medical ground. A sacked employee, who was dismissed or removed or terminated \r\nfrom service on account of absence from duty or misconduct or any form of mis­appropriation of \r\nGovernment money or stock or his unfitness on medical grounds, may prefer a petition to the Sacked \r\nEmployees' Review Board as provided in section 13. \r\n 12. Establishment of Sacked Employees' Review Board. __ (1) There is hereby \r\nestablished a Sacked Employees' Review Board consisting of five members including a Joint \r\nSecretary or any other officer equivalent to Joint Secretary or a BPS­20 officer from__ \r\n(i) Establishment Division; \r\n(ii) Ministry of Law and Justice; \r\n(iii) Ministry of Finance; and \r\n(iv) the Ministry under which the sacked employee or his employer was working \r\non the day of enactment of this Act, \r\nand as its head a Chairman, who shall be a person who is a retired Judge of the Supreme Court or of \r\na High Court and ap pointed by the Federal Government to review the cases, of sacked employees as \r\nprovided in section 11. \r\n (2) The Chairman of the Sacked Employee's Review Board shall be appointed on full \r\ntime basis, who shall hold office till the time none of the petitions remains pending. \r\n (3) The Sacked Employees' Review Board and the Chairman shall be provided sufficient \r\noffice accommodation by the Establishment Division in Federal Capital Territory, Islamabad, within \r\nten days of enactment of this Act. \r\n (4) The Secretary, Establishment Division shall immediately or within ten days of \r\nenactment of this Act, place at the disposal of the Chairman at least following officers and staff, \r\nsufficiently competent in their work, to work under the administrative control of the Chairman, \r\nnamely:__ \r\n(a) personal staff to the Chairman as entitled to a Federal Secretary; \r\n(b) one Deputy Secretary along with entitled personal staff; \r\n(c) two Section Officers; \r\n(d) two Stenographers or Stenotypists; \r\n(e) two office Assistants; \r\n(f) two Naib Qasids; and \r\n(g) one Daftari \r\n \r\nPage 11 of 14 \r\n \r\n (5) Any Officer or any employee posted under the administrative control of the Chairman \r\nin accordance with the provisions of this Act, shall assume the charge of his office or resume of his \r\nduties immediately or after the minimum days which are at least required for his traveling to his \r\nplace of posting through maximum and fastest mode of journey, he is entitled to. \r\n (6) The Secretary, Establishment Division shall provide stationary, office equipments and \r\nappliances and any other item needed and requisitioned by the Chairman or any officer working \r\nunder his administrative control, within three days of the date of requisition. \r\n (7) Establishment Division or any officer of the employer in possession of service record \r\nof tile sacked employee shall handover all files, correspondence and all types of record pertaining to \r\nthe sacked employee, to the officer working under the administrative control of the Chairman, within \r\nten days of the date of enactment of this Act or from the date of posting of first ever officer under the \r\nadministrative control of the Chairman, whichever is later. \r\n (8) The Chairman shall personally be responsible for non­disposal of the cases within \r\nspecified time or for any delay occurred in disposal of petition. \r\n 13. Petition to the Review Board. __ (1) A sacked employee, as provided in section 11, \r\nmay within ninety days of the enactment of this Act, prefer a petition to the Sacked Employee's \r\nReview Board for review of such order of sacked employee's dismissal or removal or termination \r\nfrom service on account of absence from duty or misconduct or mis­appropriation of Government \r\nmoney or stock or unfitness on medical grounds. \r\n (2) The petition shall be deemed to have been filed with the Sacked Employees ' Review \r\nBoard, if the sacked employee files the petition in person or through his representative or through his \r\nadvocate or attorney or through registered post, In case of filing of petition through registered post, \r\nreceipt of registered post alongwith a copy of the petition available with the sacked employee shall \r\nstand sufficient evidence of the fact that the petition was filed by the sacked employee. \r\n (3) The Review Board shall not redirect or divert the sacked employee to his employer \r\nfor any purpose including verification of his service data or record or any other reason to register his \r\npetition. \r\n(4) The Review Board shall decide and dispose of the petition within ninety days from \r\nthe date of petition filed under section 11. \r\n(5) The Sacked Employees' Review Board on consideration of review petition and any \r\nother relevant record, subject to provisions of sub­section (6), may confirm, set aside, vary or modify \r\nthe order in question. \r\n (6) After enquiring into facts, if the Review Board is satisfied that__ \r\n(a) the sacked employee was not guilty of charges on basis of which he was \r\nremoved, dismissed or terminated from service; or \r\n(b) decision for removal, dismissal or termination of sacked employee from \r\nservice was based on malafide intension; or \r\n(c) the sacked employee was not guilty of willful absence from duty or the \r\ncircumstances were so created for him that he was compelled to remain \r\nabsent; or \r\n \r\nPage 12 of 14 \r\n \r\n \r\n(d) the sacked employee was not guilty of willful misconduct or he was \r\ninstigated or circumstance s were so made or created for him to cross \r\nhumanly possible limits of good conduct; or \r\n(e) the sacked employee was not really involved in mis­appropriation, he was \r\naccused of or mis­appropriation did not really occur or the sacked employee \r\nwas dragged into , such mis­appropriation or it was so manipulated or \r\nmaneuvered to indulge him into such case; or \r\n(f) the sacked employee was not really suffering the ailment which he was \r\naccused of or on basis of which he was removed, dismissed or terminated \r\nfrom service or the medical certificate or decision of the medical board was \r\nmis­understood or it was maneuvered or manipulated to get medical \r\ncertificate or decision of the medical board in such a way, which may lead to \r\nremoval, dismissal or termination of the sacked employee from service; or \r\n(g) for any other reason, the removal, dismissal or termination of the sacked \r\nemployee from service was unlawful, the Review Board shall pass an order \r\nin writing to re­instate and regularize the sacked employee in regular service \r\nof the employer, as provided in sections 4, 5 and 6 and other provisions of \r\nthis Act. \r\n (7) The Review Board if fails to deliver its decision on any petition within specified \r\nperiod, as provided in sub­section (4), the sacked employee shall stand re ­instated and regularized, \r\nsubject to and in accordance with the provisions of this Act, in regular service of the employer \r\nexcept sacked employees dismissed, removed or terminated from service on account of \r\nmis­appropriation of money or stock. \r\n (8) The or der of the Sacked Employees' Review Board passed on the review petition \r\nunder sub­ section (5) or (6) or the sacked employee stood re­instated and regularized under \r\nsub­section (7), shall be final and shall not be called in question in any court, authority or tribunal. \r\n (9) In dealing with cases under this Act the Review Board shall have power to regulate \r\nits own procedure. \r\n 14. Promotion and other benefits, privileges, facilities and payments \r\nadmissible to sacked employees during future service. Subject to provisions of this Act, \r\nsacked employee once placed in seniority list of the employer, shall be entitled to further promotion \r\nand every type of service benefits, privileges, facilities or payments, during his service and after \r\nretirement, which shall effe ct, not before his attaining the age of superannuation ,unless otherwise \r\nhe himself intends to retire under prevailing rules, but not in result of any instigation or any kind of \r\npressure over him to request for voluntary retirement. \r\n 15. Creation of supern umerary post .__ (1) Where due to non­availability of \r\nsanctioned posts in equivalent grade, cadre, group, scale or designation, whatever the case may be, \r\nin the Government or any autonomous or semi­ autonomous organization, the Secretary of the \r\nrespective Ministry or Divis ion or head of the department or corporation or autonomous or \r\nsemi­autonomous organization shall immediately create supernumerary or additional posts to \r\naccommodate the sacked employees re­instated under this Act and such arrangements shall \r\n \r\nPage 13 of 14 \r\n \r\ncontinue till t he availability of regular posts and adjustment of sacked employees against such \r\nregular posts. \r\n (2) Supernumerary or additional posts created under sub­section (1) shall continue till \r\nattaining the age of superannuation by the sacked employee or absorptio n of the sacked employee \r\nagainst a regular post, whichever is earlier, without any approval of any authority or officer or \r\nMinistry, which would have otherwise been required under normal conditions. \r\n 16. Payment of compensation on re-instatement.__ (1) Each sacked employee, whether \r\nre­ instated in service of corporation or autonomous or semi­autonomous organization or \r\nGovernment under provisions of this Act, or regularized, where sacked employee is already taken \r\nback in service under order of any tribunal o r any court including the Supreme Court or a High \r\nCourt, shall be paid compensation out of employer’s own resources, without waiting for any type of \r\ntransfer or receipt of funds from any other organization or Ministry, equal to gross monthly \r\nemoluments of three years, at the rate of monthly pay and allowances payable at the time of \r\ndisbursement of installment for the relevant post, grade, cadre, group or designation, whatever the \r\ncase may be, in which the sacked employee is being re­instated or regularized, if already taken back \r\nin service. \r\n(2) The emoluments under sub­section (1) shall be paid to the sacked employee in lump \r\nsum or in the following manner, namely:__ \r\n(a) first installment equal to twelve months emoluments shall be paid \r\nimmediately and shall not be delayed beyond seven days of re­instatement; \r\n(b) second installment equal to twelve months emoluments shall be paid \r\nimmediately after payment of first installment and shall not be delayed \r\nbeyond one hundred eighty days of re­instatement; and \r\n(c) third installment equal to twelve months em oluments shall be paid \r\nimmediately after payment of second installment and shall not be delayed \r\nbeyond three hundred sixty days of re­instatement. \r\n (3) Payment under sub­sections (1) and (2) shall stand sanctioned and approved under \r\nthis Act and shall not be subject to any type of further approval or sanction from any officer or the \r\nBoard or Directors or any other type of Board of from any other authority of the autonomous or \r\nsemi­ autonomous organization or Ministry or Division concerned or Finance Division. \r\n (4) The Accountant General Pakistan Revenue in relation to the Ministries, Divisions or \r\ntheir attached departments or sub­ordinate offices and any officer holding the charge of budget, \r\nfinance, treasury or accounts in relation to any autonomous or semi­autonomous organization shall \r\nnot delay the payment and shall ensure to effect payment of the amount payable to sacked employee \r\nunder this Act, within the time period as provided under sub­section (2). \r\n 17. Cases pending in courts. __ Unless otherwise provided in this Act any type of case or \r\nsuit or petition filed by a sacked employee pertaining to his service, pending with any tribunal or \r\ncourt including the Supreme Court or a High Court, if any, to the extent of provisions of this Act, \r\nshall stand disposed of from the tribunal or the court including the Supreme Court or a High Court, \r\nas the case may be, in accordance with provisions of this Act. \r\n \r\n \r\nPage 14 of 14 \r\n \r\n 18. Penalty for disobeying or willfully creating hurdles. __ (1) Any one found guilty of \r\nwillfully disobeying the provisions of this Act or willfully creating hurdles for implementation of the \r\nprovision of this Act, shall be liable to maximum punishment of removal from service or any other \r\nmajor or minor penalty as may be determined by the appoint ing authority of such accused officer or \r\nemployee. \r\n (2) For purpose of sub­section (1), the procedure, as provided in the Government \r\nServants (Efficiency and Discipline) Rules, 1973 of the Federal Government, shall be adopted. \r\n (3) For purpose of sub­secti on (1), in case of autonomous or semi­autonomous \r\norganization, where rules, other than the Government Servants (Efficiency and Discipline) Rules, \r\n1973 are followed, law, rules, regulations, bye laws or procedure applicable in the organization \r\nwould be adopted: \r\n Provided that where conflict of law, rules, regulations, bye­laws or procedure arises with that \r\nof the Government Servants (Efficiency and Discipline) Rules, 1973 of the Federal Government, the \r\nlater shall over rule and apply even in case of autonomous or semi­autonomous organization. \r\n 19. Re-instated employees not to claim other service benefits. __ Any sacked employee \r\nin corporation or autonomous or semi­autonomous organization or Government service who is re­ \r\nInstated under this Act shall not he ent itled to claim seniority or arrears of pay or other service \r\nbenefits save as provided in this Act. \r\n 20. Act to override other laws. __ (1) The provisions of this Act shall have effect, \r\nnotwithstanding anything to the contrary, contained in any other law, fo r the time being in force, or \r\nin any judgment of any tribunal or court including the Supreme Court and a High Court. \r\n (2) Provisions of this Act shall supersede any law, rules or procedure applicable or in \r\nforce in any corporation or autonomous or semi­autonomous organization or Government service, to \r\nthe extent and whenever and wherever any inconsistency arises. \r\n 21. 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