Case Details

Citation(s)
2004 SLG 1401 2004 SLD 1401 2004 PLC 25
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.82 of 2003, decision dated: 15-09-2003. (On appeal from the judgment dated 5-11-2002 passed by the Federal Service Tribunal, Islamabad, in Appeal No.1155(R)-CE of 2001).
SYED DEEDAR HUSSAIN SHAH AND KHALIL-UR-REHMAN RAMDAY, JJ

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FEDERAL BANK FOR COOPERATIVES, ISLAMABAD

VS

EHSAN MUHAMMAD

Law:

Section:

(a) Federal Bank for Cooperatives Employees Pension and Gratuity Regulations, 1989---------Regln. 9(i)(b)(c)--Determination of total qualifying service of employee of Bank for granting pensionary benefits---ford "organization" as used in Regln. 9(i)(c) of Federal Bank for Cooperatives Employees Pension and Gratuity, Regulations, 1989--­Scope--Suclp, clause would be attracted only in the case of persons, who had rendered pensionable service in any autonomous or semi-autonomous body of the Government---Employees having rendered pensionable service with Government before joining Bank had been specifically dealt wish by Regln. 9(i)(b) of Regulations, 1989---Extending scope of word "organization" to a Division or Ministry of Federal Government, thus, 'would only make a mockery of principles of interpretation of statutes. (b) Federal Bank for Cooperatives Employees Pension and Gratuity Regulations, 1989----- ----Regln. 9(i)(b)(c)---Service Tribunals Act (LXX of 1973), S.4--­Constitution of Pakistan (1973), Art.212(3)---Determination of total qualifying service of employee of Bank for granting pensionary benefits---Respondent while working in Cabinet Division of Federal Government applied to join Bank, which selected him after conducting test/interview---Bank rejected respondent's request to count his previous service put in Cabinet Division for determining pension due to him-­service Tribunal, accepted respondent's appeal on the ground that his case was covered by Regln. 9(i)(c) of Federal Bank for Cooperatives Employees Pension and Gratuity Regulations, 1989---Validity--­Respondent had never been in service of any autonomous or ,semi­autonomous body prior to his taking up employment with Bank---Record showed that respondent had not joined Bank through proper channel--­Case of respondent, thus, vas riot covered by Regln. 9(i)(b) or 9(i)(c) of Regulations, 1989---Service Tribunal had wrongly, interpreted and applied provisions of Regln. 9(i)(c) of Regulations, 1989---Such error, if left uncorrected, could lead to serious implications in future vis-a-vis calculation of qualifying service, which could have implications in all such future cases---Question concerning…
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