| Case ID |
0520774a-0176-4fff-84e1-3085b7a6770f |
| Body |
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| Case Number |
Writ Petition No.64-M of 2019 |
| Decision Date |
Nov 17, 2020 |
| Hearing Date |
Nov 17, 2020 |
| Decision |
The constitutional petition was allowed by directing the respondents to count the temporary service of the petitioners for the purpose of determining their qualification and eligibility for the grant of pension and treat them accordingly. The court held that the service period of temporary employees, which was not previously counted, should be included in calculating the total length of service necessary for pension eligibility. The ruling emphasized that the applicable pension rules indeed allowed for such calculations, ensuring that employees who had served for a significant duration were not unjustly denied their pension rights. |
| Summary |
This case revolves around the pension rights of former employees of the University of Malakand. The petitioners, who were employed as Class-IV staff, contested the university's refusal to grant them pensions based on the argument that their temporary service was not counted towards the minimum qualifying service required for pension benefits. The court analyzed the West Pakistan Civil Services Pension Rules, 1963, which stipulate that temporary and officiating service should be considered for pension eligibility. The ruling clarified that the language of both the pension rules and the university’s service statutes must be interpreted in a way that honors the intent of ensuring fair pension rights for long-serving employees. This decision is significant for similar cases where employees face denial of pension benefits despite significant lengths of service. It highlights the importance of adhering to the established rules regarding pension entitlements, ensuring that employees are treated justly. The case also underscores the need for clear regulations that protect the rights of employees, particularly those in temporary or contract positions, thus promoting job security and fair treatment within the public sector. |
| Court |
Peshawar High Court, Mingora Bench
|
| Entities Involved |
University of Malakand
|
| Judges |
ISHTIAQ IBRAHIM,
WIQAR AHMAD
|
| Lawyers |
Fayaz Muhammad Qazi,
Muhammad Yar Malezai
|
| Petitioners |
MULTAN SHAH,
Petitioner 2 Name,
Petitioner 3 Name
|
| Respondents |
VICE-CHANCELLOR UNIVERSITY OF MALAKAND,
Respondent 2 Name,
Respondent 3 Name
|
| Citations |
2023 SLD 414,
2023 PLC 277
|
| Other Citations |
Raja Ali Shan v. Messrs Essem Hotel Limited and others 2007 SCMR 741,
Hakim and 3 others v. Government of Pakistan through Secretary Interior and others PLD 1992 SC 595,
Ghulam Murtaza v. Abdul Salam Shah and others 2007 SCMR 1062,
State Life Insurance Corporation of Pakistan through Chairman and others v. Mst. Sardar Begum and others 2017 SCMR 999,
Mst. Khilafat Jan v. Principal Government Higher Secondary School Nizampur District Nowshera and 5 others PLJ 2014 Pesh. 225
|
| Laws Involved |
West Pakistan Civil Services Pension Rules, 1963
|
| Sections |
2.3,
5
|