| Case ID |
03efd4cf-f3b8-49b8-8960-e9b7b183a010 |
| Body |
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| Case Number |
Civil Appeals Nos.2782 and 2783 of 2001 |
| Decision Date |
Feb 27, 2003 |
| Hearing Date |
Feb 27, 2003 |
| Decision |
The Supreme Court dismissed the appeals filed by the Islamia University, Bahawalpur, thereby upholding the decisions of the lower courts that granted pensionary benefits and move-over to the respondents, Muhammad Hameed Bhatti and Muhammad Afzal Khan. The court ruled that the respondents were not re-employed but were initially recruited and confirmed after completing their probationary periods. It was determined that the denial of their pensionary benefits and move-over was unjustified and contrary to the relevant statutes. The court ordered the university to pay each respondent Rs. 50,000 as costs for the prolonged litigation and suffering experienced over the years. |
| Summary |
In the landmark case of Civil Appeals Nos.2782 and 2783 of 2001, the Supreme Court of Pakistan addressed the rights of two former employees of Punjab University, Muhammad Hameed Bhatti and Muhammad Afzal Khan, who sought pensionary benefits from Islamia University, Bahawalpur after their re-employment. The court examined the provisions of the Islamia University of Bahawalpur Act, 1975, and the Employees (Pension) Statute, 1979, alongside the Specific Relief Act and the Constitution of Pakistan. The ruling clarified that their previous service was not merely a re-employment but rather an initial recruitment, thus entitling them to pensionary benefits and a move-over to higher grades. The court emphasized the principle that what is not prohibited is permitted, affirming the rights of the respondents to their deserved benefits after years of dedicated service. This decision highlights the importance of fair treatment and adherence to statutory provisions in employment matters, particularly concerning pension rights and benefits. The ruling serves as a significant precedent in labor law and employee rights within educational institutions in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Punjab University,
Islamia University, Bahawalpur
|
| Judges |
TANVIR AHMED KHAN,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Muhammad Munir Peracha,
Mian Fazal Mehmood Fazli,
Syed Shabbar Raza Rizvi,
Imtiaz Ahmed
|
| Petitioners |
Muhammad Hameed Bhatti,
Muhammad Afzal Khan
|
| Respondents |
Islamia University, Bahawalpur
|
| Citations |
2004 SLD 1444 = 2004 PLC 191
|
| Other Citations |
Not available
|
| Laws Involved |
Islamia University of Bahawalpur Act (IV of 1975),
Islamia University of Bahawalpur Employees (Pension) Statute, 1979,
Islamia University of Bahawalpur Officers (Appointment) Statute, 1977,
Specific Relief Act (I of 1877),
Constitution of Pakistan (1973)
|
| Sections |
42,
185(3)
|