Case Details

Citation(s)
2006 SLG 258 2006 SLD 258 2006 SCMR 1896
Supreme Court of Pakistan
Civil Appeal No.650 of 2005, decision dated: 6-07-2006, hearing DATE : 23rd November, 2005
MUHAMMAD NAWAZ ABBASI, JUSTICE NASIR-UL-MULK, JUSTICE
Shah Abdur Rashid, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellant. M.S. Khattak Advocate-on-Record and Arif Raja, Advocate Supreme Court for
Respondents.

IKRAM ELAHI SHEIKH

VS

DIRECTOR GENERAL, NATIONAL INSTITUTE OF SCIENCE AND TECHNICAL EDUCATION (NISTE), ISLAMABAD AND OTHERS

Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--S. 19---Service Tribunals Act (LXX of 1973), Ss. 2-A & 4---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by Supreme Court to consider; whether petitioner was a civil servant for the purpose of claiming pensionary benefits etc.; whether petitioner had been discriminated because one of the employees of same department was given pensionary benefits; and what would be the effect of of Supreme Court in case of Saeed Rabbani v. Director General Leather Industry Development Organization and another, reported as PLD 1994 SC 123; C.As. Nos. 1704 to 1715 of 2003 and C.A. No. 2 of 1996. Saeed Rabbani v. Director General Leather Industry Development Organization and another PLD 1994 SC 123; C.As. Nos. 1704 to 1715 of 2003 and C.A. No.2 of 1996 ref. (b) Civil Servants Act (LXXI of 1973)--- ----Ss. 2(b) & 19---Service Tribunals Act (LXX of 1973), Ss. 2-A & 4---Civil Service Regulations, Regln. No. 371-A---Notification No. F.35/2002-SE-1, dated 25-2-2004---Pensionary benefits---Status of civil servant---Employee of organization set up by Federal Government---Appellant was employee of National Institute of Science and Technology Education, and was denied pensionary benefits---Appeal against the refusal of authorities was dismissed by Service Tribunal---Plea raised by appellant was that although he was employed in an organization established by a resolution but status of its employees was at par with that of Government employees and was entitled to pensionary benefits---Validity---Civil Service Regulations might not stricto senso be applicable to employees of all Government controlled bodies, organizations, corporations and institutions rather the Regulations were applicable either to civil servants who were governed by Civil Servants Act, 1973, or to employees of the institution, who had been awarded status of civil servant in terms of S.2(b) of Civil Servants Act, 1973, in respect of their terms and conditions of service---Service Tribunal proceeding on assumption that employees of statutory bodies or corporations or companies incorporated under Companies Ordinance, 1984, controlled by Government…
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