| Case ID |
22f40e03-1387-4296-992d-9b1ea59b3883 |
| Body |
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| Case Number |
Civil Appeal No. 45 of 1961 |
| Decision Date |
Oct 31, 1961 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the decision of the High Court, affirming that the Assistant Stores Officer in the Central Medical Stores Depot is a member of the Civil Service of the Federation, despite the position being connected with defense. The Court found that the relevant authorities had not properly considered the protection afforded under Article 181 of the Constitution regarding dismissal from service. The Court emphasized that the notification issued by the Government of Pakistan on October 14, 1955, classified the Assistant Stores Officer as a civilian gazetted officer, thus granting him the rights and protections applicable to civil service members. The appeal by the Government of Pakistan was dismissed with costs. |
| Summary |
This case revolves around the legal status of an Assistant Stores Officer at a military establishment and whether he is considered a member of the Civil Service of the Federation under the Constitution of Pakistan. The Supreme Court examined the implications of the Civil Services (Classification, Control and Appeal) Rules and the Constitution regarding civil service protections. The case highlights the intersection of military and civilian roles within government service, and the protections available to civil servants against arbitrary dismissal. It is significant for understanding civil service classifications and rights in Pakistan, making it relevant to ongoing discussions about government employment laws and employee rights. The ruling reinforces the need for clarity in the classification of positions within the defense sector and their treatment under civil service regulations. This case is essential for legal professionals and civil servants alike as it sets a precedent for similar cases in the future. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
GOVERNMENT OF PAKISTAN,
Central Medical Stores Depot, Nowshera
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN, J.,
FAZLE-AKBAR, J.,
HAMOODUR RAHMAN, J.
|
| Lawyers |
Ghias Muhammad, Senior Advocate Supreme Court,
Muhammad Nadir, Advocate Supreme Court,
Abdul Qayyum Khan, Senior Advocate Supreme Court,
Muhammad Shafi, Advocate Supreme Court,
Muhammad Nazar Khan, Attorney for Respondent,
Iftikhar-ud-Din Ahmad, Attorney for Appellants
|
| Petitioners |
GOVERNMENT OF PAKISTAN,
Officer Commanding, Central Medical Stores Depot, Nowshera
|
| Respondents |
S. A. H. BOKHARY
|
| Citations |
1961 SLD 323,
1961 PLD 605
|
| Other Citations |
Ghairat Hayat v. The Federation of Pakistan (1960) 1 PSC R 132,
P L D 1960 SC (Pak.) 227
|
| Laws Involved |
Civil Services (Classification, Control and Appeal) Rules,
Constitution of Pakistan (1956)
|
| Sections |
17,
180,
181
|