Case Details

Citation(s)
2003 SLG 951 2003 SLD 951 2003 PLC 619
Service Tribunal, Balochistan
Service Appeals Nos.39, 71 to 75, 79, 82 and 83 of 2001 decided on 17-10-2002.
JUSTICE AMANULLAH KHAN, CHAIRMAN, MUHAMMAD IDREES BALOCH AND SYEDA TAHIRA SAFDAR, MEMBERS

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MUHAMMAD IRFAN KASI

VS

PROVINCE OF BALOCHISTAN

Law:

Section:

(a) Civil service------Induction/re-employment of Officers of Armed Forces of Pakistan in civil service---Establishment Division Memorandum, Cl. 5(b) (Part. II)--Service rendered in Pakistan Army---Counting such service towards the civil service---Civil servant was inducted in civil service in Basic Pay Scale 19 and under no rule an Army Officer could be inducted directly in such pay scale---Effect---Person having been inducted in Basic Pay Scale, 19 in civil service, only on the basis of his service rendered in Pakistan, Army, his services rendered in Armed Force would be counted toward, his service rendered as civil servant. (b) Balochistan Civil Servants Act (IX of 1974)--- --S.13 [as amended by Balochistan Civil Servants (Amendment) Ordinance (IV of 2000)]---Retirement from service---Plea of pre-mature retirement--­Approbate and reprobate ---Civil servant was initially appointed by Federal Government in Ministry of Information on ad hoe basis as Information Officer and afterwards inducted in Balochtstan Civil Service--- Alter having been inducted, the seniority of tie civil servant was challenged by his other colleagues and the matter went upto Supreme Court and the service of the civil servant was counted from his initial appointment in the year 1974, by Federal Government---Grievance of the civil servant was that he had been pre-maturely retired by the authorities on 22-5-2001-Validity-Civil servant could not approbate and reprobate, as he got promotion on the basis of his previous service rendered by him in the department of information---Civil servant was not retired from service pre-maturely in circumstances. (c) Balochistan Civil Servants Act (IX of 1974)-- ----S.13 [as amended by Balochistan Civil Servants (Amendment) Ordinance (IV of 2000)---Balochistan---Service Tribunals Act (V of 1974), S.4--Constitution of Pakistan (1973), Art.212----Vires of amendment in service laws-- Jurisdiction of Service Tribunal---Amendment is S.13 of Balochistan Civil Servants Act, 1974 [as amended by Balochistan Civil Servant (Amendment) Ordinance (IV of 2000)] pertained to the term and conditions, of service, therefore any law passed by the authority was amenable to…
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