Law: Service Tribunals Act, 1973

Section: 2A

Law: General Clauses Act, 1897

Section: 6(c)

Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Service Tribunals Act (LXX of 1973)--- ----S. 2-A---Banks Nationalization Act (XIX of 1974), S.11---Employees of National Investment Trust---Status of civil servant---Validity---Federal Government under the provisions of S. 11, Banks Nationalization Act, 1974 has the control, management and administration over the affairs of the Trust---Employees of the Trust are-deemed to be civil servants within the purview of S.2-A of Service Tribunals Act, 1973. (b) Constitution of Pakistan (1973)--- ----Art. 212(3)---Service Tribunals Act (LXX of 1973), S. 2-A---General Clauses Act (X of 1897), S. 6 (c)--Settlement of dues after retirement of civil servant---Voluntary Separation Scheme---Civil servant was initially an employee of Ministry of Finance and was later on selected as Officer Grade-III in National Investment Trust---Voluntary Separation Scheme was referred by the Trust to its employees and the civil servant accepted the same---Period of service of the civil servant with the Federal Government in Ministry of Finance was rot included for the purpose ,of retirement and settlement of dues pursuant to the Scheme---Service Tribunal, on appeal directed that period of service of civil servant in the Ministry of Finance be included in his service---Validity---Civil servant who had applied for his appointment through proper channel and there was no break in his service was entitled to service benefits on voluntary retirement---Civil servant was also governed by S. 6(c) of General Clauses Act, 1897 for computation of period of service for receiving settlement dues pursuant to the acceptance of option for Voluntary Separation Scheme---Service Tribunal was right in arriving at the conclusion by allowing the civil servant's appeal and the of the Tribunal did not suffer from any inherent infirmity or Jurisdictional error---Indulging of public functionaries in litigation at public expense instead of being fair and reasonable towards civil servants was deprecated by Supreme Court---Public functionaries should act fairly, justly and equitably---Leave to appeal was refused by the Supreme Court. ORDER RANA BHAGWAN DAS, J.---Petitioner, National Investment Trust Limited, seeks…

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