Case Details

Citation(s)
1998 SLG 697 1998 SLD 697 1998 SCMR 1277
Supreme Court of Pakistan
Civil Petitions Nos.695, 696, 697, 698, 699 and 700 of 1996, decision dated: 8-01-1998
KHALIL-UR-REHMAN KHAN AND SH. RIAZ AHMAD, JJ

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FEDERATION OF PAKISTAN through Secretary Ministry of Education, Government of Pakistan IslamabaD-

VS

ABDUR REHMAN SHEIKH and others

Law:

Section:

Civil Servants Act (LXXI of 1973)--S. 2(1)(b)---Constitution of Pakistan (1973), Art. 212(3)---Deputation allowance---House rent ---Enttilement to deputation allowance and house rent--­Service Tribunal granted such reliefs to civil servant---Validity---Leave to appeal was grnated to consider, whether grant of relief in the manner adopted by Service Tribunal was justified in law; whether civil servant could be treated as deputationist and finding of Service Tribunal in previous appeal in which petitioner was not heard, could be treated to have attained finality as to status of civil servant; civil servant having been sent back to his parent department, whether question of his lien was irrelevant; and respondent being permanent employee of private institution, whether he could be treated as civil servant justifying interference by Service Tribunal. Moulvi Anwarul Haq, Deputy Attorney-General for Pakistan and Ch. Akhtar Ali, Advocate-on-Record for-Petitioner. Nemo for Respondents. Date of hearing: 8th January, 1998. ORDER SH. RIAZ AHMAD, J.---The Federation of Pakistan through Secretary, Ministry of Education has preferred above six petitions seeking leave to appeal against the judgment dated 20-8-1996 delivered by the Federal Service Tribunal whereby certain reliefs were allowed to the respondent Abdur Rehman Sheikh. 2. The litigation between the petitioner and the respondent is chequered one and to summarise the same it is stated that the respondent was appointed as Principal, Islamabad College for Boys where he served from 16-12-1989 to 18-2-1991. On 19-2-1991 the respondent was transferred to Sindh Madrasatul Islam, Karachi to serve as Principal of the said Institution where he performed his duties till 23-4-1994. After the transfer of the respondent litigation commenced between the petitioner and the respondent with regard to certain grievances for the redress of which the respondent had invoked jurisdiction of the Federal Service Tribunal prior to the passing of the order impugned. The appeal in which the impugned order was passed was preferred by the respondent on account of non-implementation of the previous orders of the Service Tribunal and for the…
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