| Case ID |
08c5f05a-0e34-45c4-8e6c-164563e7f9e1 |
| Body |
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| Case Number |
Civil Appeal No. 274 of 1993 |
| Decision Date |
Oct 18, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that a civil servant holding a permanently confirmed post retains their lien on that post, even if they have taken temporary positions elsewhere. The court emphasized that the lien of a permanent civil servant cannot be terminated without their consent and can only be terminated if they are confirmed against another permanent post. The decision also highlighted that the law declared by the Supreme Court binds all courts and administrative bodies within the country. Consequently, the appeal was allowed, setting aside the previous decisions that denied the civil servant's re-employment in their original department. |
| Summary |
In the case of Syed Sajjad Hussain, the Supreme Court of Pakistan addressed critical issues regarding the retention of lien by civil servants under the Constitution of Pakistan and relevant Fundamental Rules. The case arose after Sajjad Hussain, who was confirmed as a postal clerk, sought re-employment after temporary positions in different departments. The court ruled that his lien remained intact despite his temporary employment, as he was never confirmed in any subsequent positions. The ruling reinforced the principle that a civil servant's lien cannot be terminated without proper grounds, thus invalidating previous decisions by lower tribunals that had dismissed his appeals. This case is significant in establishing the rights of civil servants in Pakistan and ensuring adherence to legal precedents, making it a landmark decision in administrative law. Keywords: civil service, lien, Supreme Court, Pakistan, employment rights, administrative law, constitutional law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Atomic Energy Commission,
KANA Division,
Post Office Department
|
| Judges |
SAJJAD ALI SHAH, C.J.,
SH. RIAZ AHMAD,
RAJA AFRASIAB KHAN, J.
|
| Lawyers |
|
| Petitioners |
Syed Sajjad Hussain
|
| Respondents |
Others,
SECRETARY, ESTABLISHMENT DIVISION, CABINET SECRETARIAT, ISLAMABAD
|
| Citations |
1996 SLD 1117,
1996 SCMR 284
|
| Other Citations |
Mazhar Ali v. Federation of Pakistan 1992 SCMR 435,
Board of Intermediate and Secondary Education v. Mst. Salina Afroze PLD 1992 SC 263,
Muhammad Sarwar v. The State PLD 1969-SC 278
|
| Laws Involved |
Constitution of Pakistan (1973),
Fundamental Rules
|
| Sections |
Art. 212(3),
Arts. 189 & 190,
Rr. 9(13), 13(b) & 14(a)(2)
|