| Citation(s) |
|---|
| 2003 SLG 1016 2003 SLD 1016 2003 PLC 989 |
Sindh High Court
Civil Revision Application No.57 of 2002, decision dated: 20-09-2002.
RAHMAT HUSSAIN, JAFFERI, J
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Civil Revision Application No.57 of 2002, decision dated: 20-09-2002.
RAHMAT HUSSAIN, JAFFERI, J
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ABDUL GHANI
VS
PAKISTAN STEEL MILLS CORPORATION LTD. and another
Law:
Section:
Civil Procedure Code (V of 1908)-------O.VII, R. 11---Service Tribunals Act (LXX of 1973), Ss. 2(a), 2-A & 4--Civil Servants Act (LXXI of 1973), S.2(b)---Rejection of plaint---Suit for recovery of gratuity amount---Trial Court rejected plaint on the ground that plain-tiff was a civil servant, thus, jurisdiction of Civil Court was barred--Appellate Court upheld such order---Validity---Plaintiff had served Employer Corporation up to year 1998---Section 2-A had been added in Service Tribunals Act, 1973 in year 1997, thus, plaintiff was governed by the said provisions---For purpose of availing benefit under Service Tribunals Act, 1973, a person who is or has been a civil servant within meaning of Civil Servants Act, 1973 and a person ,declared to be civil servant under S.2-A of Service -Tribunals Act, 1973, has been made civil servant--Plaintiff after retirement had not ceased to be civil servant---No illegality or irregularity in impugned /decree was found---High Court dismissed revision petition in circumstances. Ahmad Yar Chowhan v. Federal Public Service Commission NLR 1999 Service 67; Moeen-ud-Din Khan v. Gomal University, D.I. Khan 2001 PLC (C.S.) 915; General Manager, Optical Fibre System v. Abdul Rasheed Khan, Member, NIRC 2000 PLC (C.S.) 180; Syed Aftab Ahmad and others v. KESC and others 1999 SCMR 197; Zahir Ullah and 13 others v. Chairman, WAPDA, Lahore and others 2000 SCMR 826 and Kot Addu Power Company Limited v. Muhammad Bashir 2001 SCMR 1898 ref. Ashraf Hussain for Applicant. S. Amanullah Agha for Respondents. Date of hearing: 30th August, 2002. JUDGMENT The present revision application is directed against the judgment and decree dated 24-11-2001 and 24-12-2001 respectively, passed by learned District Judge, Malir in Civil Appeal No. 17 of 2001, by which he has dismissed the appeal filed by the applicant and maintained the order of the trial Court dated 20-6-2001. The trial Court had rejected the plaint of the applicant under Order VII, Rule 11, C.P.C. on the ground that the applicant was a civil servant, therefore, the jurisdiction of the Civil Court was barred. The facts giving arise to the present appeal are that the applicant was Assistant…
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