Case Details

Citation(s)
2004 SLG 1444 2004 SLD 1444 2004 PLC 191
Supreme Court of Pakistan
Civil Appeals Nos.2782 and 2783 of 2001, decision dated: 27-02-2003. (On appeal from the judgment dated 22-2-2001 of the Lahore High .Court, Bahawalpur Bench, Bahawalpur, in Civil Revisions Nos.305-D and 306-D of 1993).
TANVIR AHMED KHAN AND KHALIL-UR-REHMAN RAMDAY, JJ

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ISLAMIA UNIVERSITY, BAHAWALPUR

VS

MUHAMMAD HAMEED BHATTI and another

Law:

Section:

(a) Islamia University of Bahawalpur Act (IV of 1975)---------Preamble---Islamia University of Bahawalpur Employees (Pension) Statute, 1979, Chap. II--Islamia University of Bahawalpur Officers (Appointment) Statute, 1977-, Chap. VIII ---ESTACODE, p.309, Condition No.26---Constitution of Pakistan (1973), Art. 185(3)---Pension and move-over, grant of---Right of person re-employed in University--­Leave to appeal was granted to consider, whether re-employment would constitute a bar for grant of pension, move-over and ancillary benefits in view of relevant provisions as contained in Islamia ;University of Bahawalpur Act, 1975 and Islamia University of Bahawalpur Employees (Pension) Act, 1979, whether provisions as contained in Islamia University of Bahawalpur Act, 1975, and Islamia Bahawalpur Employees (Pension) Statute, 1979 could be Instruction, No. 26 published in ESTACODE at p.309 providing that a person re-employed could take all benefits of service and pension, whether High Court had ignored relevant provisions of Islamia University of Bahawalpur Officers (Appointment) Statute, 1977 and resultantly exact nature of service of respondents could not be determined having a substantial bearing to set the controversy at naught. (b) Islamia University of Bahawalpur Act (IV of 1975)----- -----Preamble---Islamia University of Bahawalpur Employees (Pension) Statute, 1979, Chap. II,---Islamia University of Bahawalpur Officers (Appointment) Statute, 1977, Chap. VIII---Specific Relief Act (I of 1877), S.42----Constitution of Pakistan (1973), Art. 185(3)---Pensionary benefits and move-over---Entitlement--Plaintiffs after securing premature retirement from another. University joined defendant ­University, which denied them pensionary benefits and approved move­over---Trial Court decreed declaratory suits filed by plaintiffs, which decrees were upheld by Appellate Court -and in revision by the High Court---Validity---Plaintiffs had not been re-employed, rather their appointment was made through initial recruitment method and had been confirmed in their posts after completion of probationary period--­Plaintiffs after attaining superannuation were appointed on contract basis]…
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