| Case ID |
1a445c0a-7d78-486a-b396-5896de93e3e6 |
| Body |
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| Case Number |
Civil Petition No. 2515 of 2015 |
| Decision Date |
Nov 17, 2015 |
| Hearing Date |
Nov 17, 2015 |
| Decision |
The Supreme Court of Pakistan remanded the case to the Federal Service Tribunal for a fresh decision, emphasizing that the notification regarding the permanent absorption of the respondent in the Senate Secretariat was issued unlawfully, without the approval of the competent authority. The court ruled that the respondent, who was a deputationist and not a civil servant, was not entitled to pensionary benefits from the Senate Secretariat as his parent organization, National Construction Limited, was not a pensionable entity. The court also highlighted that the principle of locus poenitentiae cannot be used to condone fraudulent actions. The final judgment indicated that the earlier decisions by the Federal Service Tribunal, which ordered the grant of pensionary benefits, were flawed and based on misinterpretations of the law. |
| Summary |
In the case of Civil Petition No. 2515 of 2015, the Supreme Court of Pakistan examined the legality of a notification that sought to absorb the respondent, Shahiq Ahmed Khan, permanently into the Senate Secretariat from the National Construction Limited (NCL). The core issue revolved around whether the respondent was entitled to pensionary benefits given that he was not classified as a civil servant while employed by NCL. The court determined that the notification was void ab initio, lacking proper authorization from the Chairman of the Senate, which is crucial for such appointments. The ruling clarified that employees from non-pensionable organizations cannot claim pensionary benefits under civil service regulations. This decision has significant implications for similar cases involving the absorption of employees from statutory bodies into government positions. The judgment reinforces the importance of adhering to lawful procedures in public service appointments and the necessity of obtaining appropriate approvals for such actions. Keywords such as 'Supreme Court of Pakistan', 'civil service regulations', 'pension eligibility', and 'lawful procedure' highlight the case's relevance in discussions about public employment and administrative law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Senate Secretariat,
National Construction Limited (NCL)
|
| Judges |
IJAZ AHMED CHAUDHRY,
MUSHIR ALAM
|
| Lawyers |
Sajid Ilyas Bhatti, DAG,
Rana Mazharul Haq, Dy. Secy. for Petitioner,
Aftab Alam Rana, Advocate Supreme Court for Respondent
|
| Petitioners |
Senate through Chairman
|
| Respondents |
SHAHIQ AHMED KHAN
|
| Citations |
2016 SLD 2794,
2016 PLC 629
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Service Regulations
|
| Sections |
361
|