| Case ID |
2105caa2-a6ad-4cb4-babc-61c5a888cdd1 |
| Body |
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| Case Number |
Civil Petition No. 982-L of 1998 |
| Decision Date |
Jul 09, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to consider whether the Service Tribunal was justified in directing the reinstatement of the respondent, who voluntarily applied for optional retirement yet sought to withdraw that request for the benefits of the Golden Handshake Scheme. The court suspended the operation of the impugned judgment until the appeal was resolved, indicating that the decision's legitimacy would be examined given the circumstances surrounding the respondent's voluntary retirement and subsequent financial entitlements. |
| Summary |
In this pivotal case, the Supreme Court of Pakistan examined the intricacies of optional retirement under the Service Tribunals Act, 1973. The case arose when a civil servant, after receiving approval for optional retirement due to medical reasons, sought to retract that decision to benefit from a government scheme. The Service Tribunal's ruling favored the civil servant's reinstatement, prompting the bank to appeal. The Supreme Court's decision to grant leave to appeal reflected its commitment to scrutinizing the fairness of the tribunal's actions in light of the legal framework governing employment and retirement benefits. This case underscores the judicial system's role in ensuring that employment laws and rights are upheld, highlighting key issues such as voluntary retirement, entitlement to benefits, and the legal obligations of employers. Keywords: Service Tribunals Act, optional retirement, reinstatement, employment rights, judicial review. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN
|
| Judges |
IRSHAD HASAN KHAN,
CH. MUHAMMAD ARIF
|
| Lawyers |
Mahmudul-Islam, Advocate-on-Record for Petitioners,
Hafiz Tariq Nasim, Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for Respondent
|
| Petitioners |
NATIONAL BANK OF PAKISTAN
|
| Respondents |
Rana MUHAMMAD KHALIL
|
| Citations |
1999 SLD 727,
1999 SCMR 1313
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
4,
212(3)
|