| Case ID |
3246603a-5bdf-4fa8-a708-9bda40ddd277 |
| Body |
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| Case Number |
Writ Petition No. 121 of 2008 |
| Decision Date |
Nov 25, 2008 |
| Hearing Date |
Nov 12, 2008 |
| Decision |
The Islamabad High Court dismissed the writ petition filed by the petitioner against the recovery of overpaid allowances. The Court held that the employees of National Construction Limited (NCL) are not civil servants and that their pay upon appointment to civil posts is not protected under the policies of the Finance Division. The petitioner had received overpayments which the authorities were entitled to recover. The Court found no merit in the petitioner's claims regarding pay protection and pension benefits based on his previous service at NCL, which did not qualify as a pensionable organization. The Court upheld the decisions made by the Senate Secretariat and the Finance Division, concluding that the actions taken against the petitioner were lawful and justified. |
| Summary |
In this case, the Islamabad High Court dealt with a writ petition concerning the recovery of overpaid pay and allowances from an employee of National Construction Limited (NCL). The petitioner, who had been absorbed into the Senate Secretariat, contested the demand for recovery, arguing that his previous service should be counted towards pension and pay protection. However, the Court clarified that NCL employees are not classified as civil servants under the Civil Servants Act and thus are not entitled to the same protections. The Court referenced various sections of the Constitution of Pakistan, Federal Treasury Rules, and Civil Service Regulations, highlighting the legal framework governing the case. The judgment reinforced the principle that overpaid allowances could be reclaimed under the applicable rules, leading to the dismissal of the petition. This case underscores the legal distinctions between public and private sector employment and the specific rights of employees in these contexts. |
| Court |
Islamabad High Court
|
| Entities Involved |
National Construction Limited,
Senate Secretariat
|
| Judges |
DR. SAJID QURESHI, J
|
| Lawyers |
Learned counsel for the petitioner,
Learned counsel for the respondent
|
| Petitioners |
Petitioner
|
| Respondents |
Senate Secretariat
|
| Citations |
2009 SLD 3170,
2009 PLC 305
|
| Other Citations |
Chairman Minimum Wage Board Peshawar v. Fiaz Khan Khattak 1999 SCMR 1004,
Chairman Selection Committee King Edward Medical College v. Wasif Zameer Ahmad 1997 SCMR 15,
Abdul Hafeez Abbasi v. M .D., PIAC 2002 SCMR 1034,
Abdul Samad v. Federation of Pakistan 2002 SCMR 71,
Engineer Naraindas v. Federation of Pakistan 2002 SCMR 82,
Amjad Hussain v. Secretary Finance Division 1998 SCMR 1442
|
| Laws Involved |
Constitution of Pakistan, 1973,
Federal Treasury Rules,
Civil Service Regulations
|
| Sections |
199,
215,
Regln.361
|