| Case ID |
38b5219a-9cb5-4bd6-a081-7d6b3bb838b4 |
| Body |
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| Case Number |
Civil Appeal No.585 of 1994 |
| Decision Date |
Jun 19, 1998 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed by Muhammad Rafiq against the Federal Service Tribunal's decision regarding his premature retirement. The tribunal had found that the withdrawal of the retirement request was submitted after the acceptance of the initial request. The court held that the findings of the tribunal were based on evidence and did not warrant interference. The appeal was dismissed with no question of public importance raised, leaving the parties to bear their own costs. |
| Summary |
In the case of Muhammad Rafiq vs. Pakistan Railways, the Supreme Court of Pakistan dealt with the issue of premature retirement of a civil servant. The petitioner, Muhammad Rafiq, applied for premature retirement due to domestic issues. However, he later attempted to withdraw his application before it was accepted. The court examined the timeline of events, including the submission of his withdrawal letter and the acceptance of his retirement request by the department. The Federal Service Tribunal ruled that the withdrawal letter was not received in time and dismissed Rafiq's appeal as time-barred. The Supreme Court upheld the tribunal's ruling, concluding that the department acted within its rights. This case highlights the importance of procedural compliance in employment matters and the binding nature of tribunal findings in Pakistan's legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Railways
|
| Judges |
AJMAL MIAN, C.J.,
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Malik Muhammad Nawaz,
Tanvir Ahmad,
Ch. Fazal-i-Hussain,
Ch. Muhammad Aslam
|
| Petitioners |
MUHAMMAD RAFIQ
|
| Respondents |
PAKISTAN RAILWAYS through General Manager, Lahore and 3 others
|
| Citations |
1999 SLD 377,
1999 SCMR 1148
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4,
212
|