| Case ID |
1a1da760-3b06-4ba5-9710-8245bca7b4b1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.359 of 2008 |
| Decision Date |
Mar 31, 2008 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the decision of the Service Tribunal, which had allowed the appeal of the civil servant whose pensionary benefits were denied due to a deficiency in service. The Tribunal's decision was upheld as Rule 423 of the Civil Service Rules was interpreted favorably towards the employee, allowing for automatic condonation of the deficiency in service. The court emphasized that the interpretation of the rules should favor employees when possible, and no legal infirmity was found in the Tribunal's judgment. |
| Summary |
This case involves a civil servant who retired after reaching the age of superannuation but was denied pensionary benefits due to insufficient service by a few months. The Service Tribunal allowed the appeal, citing Rule 423 of the Civil Service Rules, which permits the condonation of service deficiencies under certain circumstances. The Supreme Court upheld this interpretation, reinforcing the principle that rules should be construed in a manner that benefits the employee when reasonable. The decision highlights the importance of protecting the rights of civil servants and ensuring fair treatment in pension matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
MUHAMMAD AKHTAR SHABBIR,
ZIA PERWEZ
|
| Lawyers |
Not available
|
| Petitioners |
SECRETARY FINANCE DIVISION, ISLAMABAD
|
| Respondents |
others,
MUHAMMAD ZAMAN, EXINSPECTOR, I.B., ISLAMABAD
|
| Citations |
2009 SLD 1712 = 2009 SCMR 769
|
| Other Citations |
Postmaster-General Eastern Circle (E.P.) Dacca and another v. Muhammad Hashim PLD 1978 SC 61
|
| Laws Involved |
Civil Service Rules,
Constitution of Pakistan, 1973
|
| Sections |
423,
212(3)
|