| Case ID |
37778b1f-f84f-4136-8258-5183dbc7708f |
| Body |
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| Case Number |
Civil Petition No. 2515 of 2015 |
| Decision Date |
Nov 17, 2015 |
| Hearing Date |
Nov 17, 2015 |
| Decision |
The Supreme Court of Pakistan allowed the appeal against the Federal Service Tribunal's judgment that directed the Senate of Pakistan to grant pensionary benefits to the respondent, Shahiq Ahmad Khan. The Court found that the notification issued on 20.10.2004, which purported to count the respondent's previous service for pensionary benefits, was void ab initio as it lacked legal authority. The Court emphasized that the service rendered in the National Construction Limited (NCL) could not be counted towards pensionary benefits under Article 361 of the Civil Service Regulations (CSR). The Court remanded the matter back to the Federal Service Tribunal for a fresh decision, instructing that the appeal be entrusted to a bench in Islamabad to ensure proper legal scrutiny and adherence to procedural justice. |
| Summary |
In the case of Civil Petition No. 2515 of 2015, the Supreme Court of Pakistan examined the legal implications of pensionary benefits under the Civil Service Regulations (CSR) in relation to the service of Shahiq Ahmad Khan in the National Construction Limited (NCL). The Court found that the notification dated 20.10.2004, which aimed to grant pensionary benefits, was issued without legal authority and therefore void. The Court highlighted the distinction between civil servants and employees of NCL, emphasizing that the latter are not entitled to the same pensionary benefits. The decision underscores the importance of lawful authority in administrative actions and the necessity for proper legal procedures in matters concerning public service and employee rights. This case sets a significant precedent in administrative law, particularly regarding the entitlements of employees transitioning from private to public sector roles. The Court's ruling clarifies that service in non-civil servant roles cannot be retroactively counted for pension purposes, affirming the principles of legality and due process in public administration. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Construction Limited (NCL),
Senate of Pakistan
|
| Judges |
IJAZ AHMED CHAUDHRY,
MUSHIR ALAM
|
| Lawyers |
Sajid Ilyas Bhatti, DAG,
Rana Mazharul Haq, Dy. Secy. for Petitioner,
Aftab Alam Rana, Advocate Supreme Court for Respondent
|
| Petitioners |
SENATE through Chairman
|
| Respondents |
SHAHIQ AHMED KHAN
|
| Citations |
2016 SLD 494,
2016 SCMR 460,
2016 PLC 629,
2016 PLJ 184
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Service Regulations (CSR)
|
| Sections |
361
|