| Case ID |
084fd41e-a49b-4fcf-8100-54adfc6c72fd |
| Body |
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| Case Number |
Civil Petitions Nos. 657 to 662 of 2020 |
| Decision Date |
Jul 05, 2022 |
| Hearing Date |
Jul 05, 2022 |
| Decision |
The petitions for leave to appeal were dismissed, and leave was refused. The court found that the petitioners, who were employees of the Pakistan Aeronautical Complex Board, had not exercised their option to remain civil servants as required under the Pakistan Aeronautical Complex Board Ordinance. Their repeated attempts to qualify for promotion through departmental examinations indicated their acceptance of the PAC Board's rules rather than the Civil Servants Act. The court emphasized the principle of approbate and reprobate, stating that individuals cannot accept benefits while simultaneously rejecting the corresponding obligations. Thus, the court upheld the Tribunal's decision that the petitioners' appeals were without merit. |
| Summary |
In the case of Civil Petitions Nos. 657 to 662 of 2020, the Supreme Court of Pakistan addressed the legal status of employees of the Pakistan Aeronautical Complex Board, who were previously considered civil servants. The issue revolved around whether these employees had properly exercised their option to remain civil servants under the Pakistan Aeronautical Complex Board Ordinance, 2000. The court examined the conduct of the petitioners, who had participated in departmental examinations, indicating their acceptance of the PAC Board's service rules, rather than the Civil Servants Act. The ruling reinforced the doctrine of approbate and reprobate, which prevents individuals from asserting contradictory positions in legal matters. This case highlights the complexities of employment law within government entities and the importance of adhering to procedural requirements when making choices regarding employment status. The decision serves as a precedent for similar cases involving the rights and obligations of civil servants and employees under specific ordinances. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Umar Ata Bandial, C.J.,
Amin-ud-Din Khan,
Muhammad Ali Mazhar, J.
|
| Lawyers |
Muhammad Aftab Alam Rana, Advocate Supreme Court,
Ayaz Shaukat, DAG,
Wing Commander, Muhammad Kamran Haider Ali, Superintendent
|
| Petitioners |
ASRAR AHMED and others
|
| Respondents |
CHAIRMAN PAKISTAN AERONAUTICAL COMPLEX BOARD, KAMRA and others
|
| Citations |
2023 SLD 2144,
2023 SCMR 1427
|
| Other Citations |
2019 SCMR 1933
|
| Laws Involved |
Pakistan Aeronautical Complex Board Ordinance, 2000
|
| Sections |
3,
7(a)
|