Legal Case Summary

Case Details
Case ID 25fae52e-1ed8-411b-b054-e77fb9365320
Body View case body.
Case Number Civil Appeal No. 314-L of 2010
Decision Date Jul 19, 2011
Hearing Date Jul 19, 2011
Decision The Supreme Court of Pakistan allowed the appeal by the Pakistan Red Crescent Society against the Federal Service Tribunal's decision to reinstate Zia Ullah Khan Niazi. The Court determined that the respondent was not a civil servant and thus could not appeal to the Service Tribunal. The Court emphasized that the Service Tribunal misdirected itself regarding jurisdiction and failed to adhere to the remand instructions properly. The Court set aside the Tribunal's decision and ruled that the matter must be reconsidered under the proper legal framework, highlighting the distinct nature of the Pakistan Red Crescent Society as a non-governmental entity. The Supreme Court's decision reinforces the legal distinction between civil servants and employees of charitable organizations.
Summary This case revolves around the jurisdictional authority of the Federal Service Tribunal concerning the Pakistan Red Crescent Society. The Supreme Court of Pakistan ruled that Zia Ullah Khan Niazi, who was removed from his position as Assistant Secretary, was not a civil servant and thus could not appeal to the Service Tribunal. The Court found that the Tribunal misapplied the law when it reinstated Niazi without properly addressing the jurisdictional question. The decision clarifies the legal standing of employees within charitable organizations, emphasizing that they do not fall under the same category as civil servants. The case cites multiple precedents to support the ruling, establishing a clear distinction between governmental and non-governmental employees. This ruling is significant for employees of non-profit organizations, as it delineates their rights and the appropriate legal forums for addressing grievances.
Court Supreme Court of Pakistan
Entities Involved Federal Service Tribunal, Pakistan Red Crescent Society, Zia Ullah Khan Niazi
Judges TASSADUQ HUSSAIN, JILLANI, MEHMOOD AKHTAR SHAHID SIDDIQUI
Lawyers Sh. Shahid Waheed, M. Hanif Khan Niazi
Petitioners PAKISTAN RED CRESCENT SOCIETY, PUNJAB PROVINCIAL BRANCH
Respondents ZIA ULLAH KHAN NIAZI
Citations 2011 SLD 1981, 2011 SCMR 1901
Other Citations Ziaullah Khan Niazi v. Chairman Pakistan Red Crescent Society 2004 SCMR 189 at page 191, Pakistan Red Crescent Society v. Nazir Gillani PLD 2005 SC 806 at page 814, Sajjad Hussain Bukhari v. Treasurer of Charitable Endowment for Pakistan 2005 SCMR 65, Muhammad Mubeen us Salam v. Federation of Pakistan PLD 2006 SC 602, Executive Council Allama Iqbal Open University v. M. Tufail Hashmi 2010 SCMR 1484, Chairman State Life Insurance Corporation v. Hamayun Irfan 2010 SCMR 1495 at page 1503
Laws Involved Removal from Service (Special Powers) Ordinance, 2000, Pakistan Red Crescent Society Act, 1920, Service Tribunals Act, 1973
Sections 10, 4, 4