| Citation(s) |
|---|
| 2008 SLG 1600 2008 SLD 1600 2008 SCMR 415 |
Supreme Court of Pakistan
Civil Appeals Nos.1598, 1599, 1600, 1601 and 1602 of 2005, decision dated: 5-12-2007.
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND MUHAMMAD MOOSA K. LEGHARI, JJ
Nahida Mehboob Elahi, D.A.G. and Ch. M. Akram, Advocate-on-Record for Appellants (in all Appeals). Sh. Riaz-ul-Haq, Advocate Supreme Court and M A. Zaidi, Advocate-on-Record for
Respondents (C.As. Nos.1599 and 1601 of 2005).
Respondent in person (in C.A
Civil Appeals Nos.1598, 1599, 1600, 1601 and 1602 of 2005, decision dated: 5-12-2007.
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND MUHAMMAD MOOSA K. LEGHARI, JJ
Nahida Mehboob Elahi, D.A.G. and Ch. M. Akram, Advocate-on-Record for Appellants (in all Appeals). Sh. Riaz-ul-Haq, Advocate Supreme Court and M A. Zaidi, Advocate-on-Record for
Respondents (C.As. Nos.1599 and 1601 of 2005).
Respondent in person (in C.A
FEDERATION OF PAKISTAN and others
VS
MUHAMMAD ASHRAF and others
Law:
Section:
(a) Civil Servants Act (LXXI of 1973)-----S. 13---Government Servants (Efficiency and Discipline) Rules, 1973, R.4(1)(b)(ii)---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Compulsory retirement with pensionary benefits---Reinstatement of civil servant by Service Tribunal---Validity-Supreme Court granted leave to appeal to consider the pleas raised by Authority to the effect that retirement simpliciter was distinguishable from compulsory retirement and consequently, order of retirement passed under S.13(1)(i) of Civil Servants Act, 1973 could not be equated with order of compulsory retirement punishable under Government Servants (Efficiency and Discipline) Rules, 1973; and that retirement under S.13(1)(i) of Civil Servants Act, 1973 qualifying for pension being not in violation of terms and conditions of service could not be questioned and civil servant was not an aggrieved person to maintain appeal under S.4 of Service Tribunals Act, 1973 against such order before Tribunal. (b) Civil Servants Act (LXXI of 1973)--- ----S. 13---Retirement from service---Guidelines issued by Establishment Division for benefit of all Ministries in order to ensure uniformity of action---Applicability---Such guidelines would not be followed in a mechanical manner, but would be used to scrutinize entire service record of civil servant and to arrive at a reasonable conclusion---Total performance of civil servant would be kept in view and penalties, if any, would be weighed against his overall performance---Lapses of civil servant in nature of human error could not be allowed to overweigh his overall performance. Muhammad Qadeer and 2 others v. Secretary, Defence Production Division, Government of Pakistan and others 2003 SCMR 1804 fol. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---The above captioned/appeals under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, with leave of the Court, have been filed by Federation of Pakistan, through Secretary, Ministry of Defence and others, appellants, against judgment, dated 11-10-2004 passed by Federal Service Tribunal, Islamabad, whereby appeals of the respondents were accepted and they…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492