| Case ID |
095b1484-40cd-4b1e-bef9-bc0f23480c3a |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 32 of 2001 |
| Decision Date |
Apr 01, 2002 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal of Syed Sikandar Ali Shah, setting aside the judgment of the Federal Service Tribunal that had dismissed his appeal against the termination of his services. The Court ruled that the termination order was unlawful as it was issued with retrospective effect without proper authority. The Court emphasized that a civil servant's lien could not be terminated without following due procedure as outlined in the Civil Servants Act and relevant rules. The decision mandated the reinstatement of the petitioner with back benefits effective from the date he submitted his joining report. |
| Summary |
In the landmark case of Syed Sikandar Ali Shah vs. Auditor General of Pakistan, the Supreme Court of Pakistan addressed critical issues surrounding the termination of civil servants and the legality of retrospective service removals. The petitioner, a civil servant who had retained his lien while joining another organization, contested the validity of his termination after being dismissed during his training period. The Court found that the Federal Service Tribunal had erred in its judgment by not considering the relevant provisions of the Civil Servants (Confirmation) Rules, 1993, and the Civil Servants Act, 1973. The ruling clarified that a civil servant's right to revert to their parent organization must be acknowledged, particularly when proper procedures are not followed in termination cases. This decision is pivotal for civil service employment law and highlights the importance of adherence to legal protocols in personnel matters. Keywords such as civil service, termination, retrospective effect, and legal procedures are crucial for anyone researching or involved in employment law, particularly within the context of public service. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
HAMID ALI MIRZA,
TANVIR AHMED KHAN
|
| Lawyers |
M.M. Aqil Awan,
Miss Wajahat Niaz,
Sardar M. Aslam
|
| Petitioners |
Syed Sikandar Ali Shah
|
| Respondents |
others,
AUDITORGENERAL OF PAKISTAN
|
| Citations |
2002 SLD 1324,
2002 SCMR 1124
|
| Other Citations |
Secretary Education v. Viqar-ul-Haq 2000 SCMR 1978,
Mazhar Ali v. Federation of Pakistan 1992 SCMR 435,
Noor Muhammad v. Member Election Commission 1985 SCMR 1178,
Noor Muhammad v. Muhammad Abdullah 1984 SCMR 1578,
Dr. Muhammad Abdul Latif v. The Province of East Pakistan PLD 1964 Dacca 647,
Nawab Syed Raunaq Ali v. Chief Settlement Commissioner PLD 1973 SC 236
|
| Laws Involved |
Civil Servants (Confirmation) Rules, 1993,
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973),
Government Servants (Efficiency and Discipline) Rules, 1973,
Service Tribunals Act (LXX of 1973)
|
| Sections |
6(2),
6(3),
6(4),
11(1)(i),
212(3),
41(b)(iv),
4
|