| Citation(s) |
|---|
| 2016 SLG 3503 2016 SLD 3503 2016 PLC 1197 |
Supreme Court of Pakistan
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICEMIAN SAQIB NISAR, JUSTICE, AMIR HANI MUSLIM, JUSTICE, IQBAL HAMEEDUR RAHMAN, JUSTICE AND KHILJI ARIF HUSSAIN, JUSTICE
Hafiz S.A. Rehman, Senior Advocate Supreme Court for Appellants (in C.A. No. 1072 of 2005). Riaz Sherpao, Advocate Supreme Court and Mir Adam Khan, Advocate-on-Record for Appellant (in C.A.No. 686 of 2012). Abdur Rehman Siddiqui, Advocate Supreme Court
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICEMIAN SAQIB NISAR, JUSTICE, AMIR HANI MUSLIM, JUSTICE, IQBAL HAMEEDUR RAHMAN, JUSTICE AND KHILJI ARIF HUSSAIN, JUSTICE
Hafiz S.A. Rehman, Senior Advocate Supreme Court for Appellants (in C.A. No. 1072 of 2005). Riaz Sherpao, Advocate Supreme Court and Mir Adam Khan, Advocate-on-Record for Appellant (in C.A.No. 686 of 2012). Abdur Rehman Siddiqui, Advocate Supreme Court
CHAIRMAN, PAKISTAN RAILWAY, GOVERNMENT OF PAKISTAN, ISLAMABAD AND OTHERS
VS
SHAH JEHAN SHAH MST. ROBINA SHAHEEN VS DIRECTOR EDUCATION (E&SC) KHYBER PAKHTUNKHWA AND OTHERS
Law:
Section:
(a) Interpretation of statutes --- --------When a word had not been defined in the statute, its ordinary dictionary meaning was to be looked at. (b) Words and phrases --- --------"Count"---Definition. Chambers 21st Dictionary and Oxford Advanced Learner's Dictionary of Current English 7th Edn. ref. (c) Civil Service Regulations (CSR)--- --------Art. 371-A---Pensionary benefits---Government servants rendering temporary service in a temporary establishment for more than five years---Entitlement to grant of pensionary benefits within the meaning of Art.371-A of the Civil Service Regulations (CSR)---Scope---Article 371-A of the Civil Service Regulations (CSR) would not ipso facto or simpliciter allow government servants rendering temporary service in a temporary establishment for more than five years to be entitled to grant of pension, rather such period would only be counted towards such government servants' pension if otherwise entitled to pension. Mir Ahmad Khan v. Secretary to Government and others (1997 SCMR 1477) declared to be per incuriam] Service rendered for more than five years as contemplated by Article 371-A of the Civil Service Regulations (CSR) would only be added, included, or taken into account for the purposes of pensionary benefits, and not make such government servant qualify for pension per se. Article 371-A of Civil Service Regulations (CSR) by itself did not provide for the entitlement for the purposes of pension, rather, it was restricted to the counting of the period of a minimum of five years which had been rendered by the temporary employee that once he was appointed on a permanent basis, such period (of five years) shall be taken into account for the object of calculating his entitlement to pension with respect to the requisite minimum period under the law. Mir Ahmad Khan v. Secretary to Government and others 1997 SCMR 1477 declared to be per incuriam Article 371-A cannot be used as a tool to bypass the conditions for qualifying service of pensionary benefits, and such government servant had to fulfill the minimum number of years for grant of pension. This was due to the use of the word "count" as opposed to "qualify" or "eligible" in…
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