| Citation(s) |
|---|
| 2021 SLG 2104 2021 SLD 2104 2021 PLJ 647 |
Lahore High Court
W.P. No. 7533 of 2020, decided on 13.12.2020, Date of hearing: 25.11.2020.
MIRZA VIQAS RAUF, JUSTICE.
Mr. Muhammad Yaseen Ataal, Advocate for Petitioner in instant petition (Writ Petition No. 7533 of 2020). Mr. Muhammad Rafique Malik, Advocate for Petitioner in Writ Petition No. 7535 of 2020.
W.P. No. 7533 of 2020, decided on 13.12.2020, Date of hearing: 25.11.2020.
MIRZA VIQAS RAUF, JUSTICE.
Mr. Muhammad Yaseen Ataal, Advocate for Petitioner in instant petition (Writ Petition No. 7533 of 2020). Mr. Muhammad Rafique Malik, Advocate for Petitioner in Writ Petition No. 7535 of 2020.
JAVED IQBAL
VS
GOVERNMENT OF THE PUNJAB THROUGH SECRETARY FORESTRY, WILDLIFE AND FISHERIES, PUNJAB LAHORE AND 5 OTHERS
Law: Punjab Civil Servants Act, 1974
Section: 2(1)(b),18,20
Punjab Civil Servants Act, 1974 (VIII of 1974)-- ----S. 2(1)(b)--Civil servant--A person who has retired from service cease to be a civil servant. 2011 PLC (C.S.) 1523; KLR 2013 Civil Cases 68 ref. Punjab Civil Servants Act, 1974 (VIII of 1974)-- ----Ss. 18 20--Pension/gratuity--Pension/gratuity and group insurance are included in terms and conditions of service of civil servants by virtue of Ss. 18 20 of Act, 1974s cannot claim immunity of bar contained under Article 212 of “Constitution” only on ground that since they got retired on attaining ages of superannuation, so they cease to be civil servants--Resultantly, these petitions fail and dismissed. Punjab Civil Servants Act, 1974 (VIII of 1974)-- ----S. 2(1)(b)--Definition of “Civil Servant” in terms of Section 2(1)(b) of “Act, 1974”, “Civil Servant” has been defined by Section 2(b) of Punjab Service Tribunals (Act IX of 1974)--Civil servant includes a person who has been a member of civil service of Province or holds or has held a civil post in connection with affairs of Province. Constitution of Pakistan, 1973-- ----Art. 212--Punjab Service Tribunal Act, 1974--Bar of jurisdiction--Section 3 of said Act a Tribunal has been vested with jurisdiction in respect of matters relating to terms and conditions of civil servant, including disciplinary matters, bar under Article 212 of “Constitution” cannot be eroded or softened on ground that a person, who has resorted to constitutional jurisdiction of this Court is a retired civil servant. ORDER This single order shall govern instant petition (Writ Petition No. 7533 of 2020) as well as Writ Petition No. 7535 of 2020 on account of involvement of similar questions of facts and law in both these petitions. 2. The petitioner namely Javed Iqbal in Writ Petition No. 7533 was an employee of the Forest Department, who got retired as Range Forest Officer (BS-16) on attaining the age of superannuation on 14th September, 2016. He is now seeking an order for release of his outstanding pensionary benefits. In connected petition i.e. Writ Petition No. 7535 of 2020, the petitioner Sarfraz Ahmed Khan was appointed as Sub-Engineer in the Irrigation and Power Department, Punjab and…
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