| Case ID |
265f9498-3923-4b67-9248-e706779eb4e9 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.89-K of 1996 |
| Decision Date |
Jun 04, 1997 |
| Hearing Date |
|
| Decision |
The Supreme Court reviewed the case involving Mst. Khubun Nisa whose husband, Fazal Din, was removed from service due to unauthorized absence attributed to his serious illness. The Court found the removal order to be harsh given the circumstances and urged the department to consider granting a disability pension. The authority agreed to pay two-thirds of the pension on humanitarian grounds, leading to the petitioner expressing satisfaction with the resolution. The petition for leave to appeal was thus disposed of accordingly. |
| Summary |
In the case of Mst. Khubun Nisa vs. Engineerinchs Branch, G.H.Q., Rawalpindi, the Supreme Court of Pakistan addressed the removal of a civil servant due to unauthorized absence stemming from serious illness. The ruling emphasized the importance of compassion in administrative decisions, particularly regarding pension entitlements. The Court's directive for the department to reconsider the harsh removal and offer a disability pension reflects a growing trend in legal jurisprudence towards humane treatment of government employees facing health crises. This case highlights the intersection of labor rights, administrative law, and constitutional protections, making it a significant reference point in similar future cases. The decision underlines the necessity for authorities to balance disciplinary actions with empathy, ensuring that civil servants are not unduly penalized for circumstances beyond their control. This case serves as a precedent for advocating for the rights of government employees, particularly in matters of health-related absences and pension rights, contributing to the evolving landscape of labor law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNAWAR AHMAD MIRZA,
KHALIL-UR-REHMAN KHAN
|
| Lawyers |
A.A. Siddiqui,
Mubarak Hussain Siddiqui
|
| Petitioners |
Mst. KHUBUNNISA
|
| Respondents |
3 others,
ENGINEERINCHIEFS BRANCH, G.H.Q., RAWALPINDI
|
| Citations |
2001 SLD 1621,
2001 SCMR 1977
|
| Other Citations |
Not available
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
R.4,
S.19,
Art.212(3)
|