| Case ID |
269ff5db-dc6a-4c90-9580-ce9d977ee719 |
| Body |
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| Case Number |
Civil Petition No. 542/1, of 1993 |
| Decision Date |
May 09, 1994 |
| Hearing Date |
May 09, 1994 |
| Decision |
In the Supreme Court of Pakistan's decision on Civil Petition No. 542/1 of 1993, Muhammad Akram Zaidi, the petitioner, challenged the decision of the West Pakistan Water and Power Development Authority (WAPDA) regarding his move-over from B-18 to B-19 grade. The petitioner sought recognition of his service in B-16 from a different department for pension computations and earned leave benefits. The court analyzed the stipulations of the West Pakistan Water and Power Development Authority Act (XXXI of 1958) and the Constitution of Pakistan, particularly Article 212. After reviewing the arguments presented by the petitioner’s advocate, Muhammad Zaman Qureshi, the court granted leave to consider these submissions, thereby overturning the previous dismissal by the Federal Service Tribunal. The court concluded that the petitioner’s initial service could be appropriately counted towards the benefits and authorized the move-over request, ensuring that the petitioner receives the entitled pension and leave benefits from the date of his original appointment. |
| Summary |
The Supreme Court of Pakistan, in Civil Petition No. 542/1 of 1993, adjudicated a significant employment dispute involving the petitioner, Muhammad Akram Zaidi, and the West Pakistan Water and Power Development Authority (WAPDA). Decided on May 9, 1994, the case centered on Zaidi's request for a move-over from grade B-18 to B-19 within WAPDA. The core issue was whether Zaidi's initial appointment in grade B-16 in another department could be recognized as qualifying service for the purpose of pension calculations and earned leave benefits under WAPDA's regulations.
Zaidi had served as a Social Welfare Officer with the Government of West Pakistan starting June 24, 1967, before being deputed to WAPDA in 1981 and later permanently absorbed in grade B-17 in 1983. Promoted to B-18 in 1988, Zaidi reached the maximum grade in 1989 and sought a move-over to B-19 effective from 1990. However, his request was initially denied by WAPDA, leading him to appeal to the Federal Service Tribunal, which upheld the denial.
The petitioner argued that according to the West Pakistan Water and Power Development Authority Act (XXXI of 1958), specifically Section 17 (1-A), and Article 212 of the Constitution of Pakistan (1973), his continuous service without any breaks should be fully recognized for pension and leave benefits. Advocating on his behalf, Muhammad Zaman Oureshi presented that WAPDA had previously conceded the inclusion of his service for pension purposes, thereby justifying the move-over.
The Supreme Court meticulously reviewed the legal provisions and the factual circumstances of the case. It was noted that the petitioner’s uninterrupted service should indeed count towards his benefits and grade progression. The court emphasized the importance of fair employment practices and the proper interpretation of statutory provisions governing public sector employment.
Ultimately, the Supreme Court granted leave to consider Zaidi’s submissions, effectively overturning the Federal Service Tribunal’s earlier dismissal. This decision underscored the judiciary's role in ensuring that employees’ rights are protected and that administrative decisions are in alignment with established laws and regulations. The ruling provided a favorable outcome for Zaidi, ensuring that his service time was appropriately accounted for in his pension and earned leave benefits, and authorized his move-over to grade B-19.
This landmark decision has broader implications for employment law within Pakistan's public sector, highlighting the necessity for transparent and equitable treatment of employees regarding grade movements and benefit entitlements. It serves as a precedent for similar cases, reinforcing the principles of service recognition and administrative fairness. Legal professionals and public sector entities can reference this case to guide policies and advocate effectively for employee rights. Additionally, the case exemplifies the critical interplay between statutory laws and administrative policies in the governance of public institutions, ensuring that legislative intents are faithfully implemented in administrative actions. By addressing the nuances of service calculation and entitlement eligibility, the Supreme Court's judgment contributes to the evolving landscape of employment jurisprudence in Pakistan, promoting justice and equity within government bodies. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
West Pakistan Water and Power Development Authority
|
| Judges |
AJMAL MIAN,
WALI MUHAMMAD KHAN
|
| Lawyers |
Muhammad Zaman Oureshi
|
| Petitioners |
MUHAMMAD AKRAM ZAIDI
|
| Respondents |
Not available
|
| Citations |
1995 SLD 1397,
1995 PLC 648
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Water and Power Development Authority Act (XXXI of 1958),
Constitution of Pakistan (1973)
|
| Sections |
S.17 (1-A),
Art. 212
|