| Case ID |
39123683-3f11-468f-ae43-842c06221717 |
| Body |
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| Case Number |
Appeal No.258(K)(C.S.) of 2004 |
| Decision Date |
Apr 05, 2006 |
| Hearing Date |
Apr 05, 2006 |
| Decision |
The appeal was accepted, and the impugned order dated 18-2-2004, which stopped the appellant's pension without notice, was set aside. The Tribunal ruled that the authorities had the right to recover outstanding amounts from the pension of a retired employee only after issuing a show-cause notice. Since no notice was issued to the appellant regarding the stoppage of his pension, the decision was deemed invalid. The Tribunal directed the authorities to release the appellant's pension and stated that they could take further actions only after providing the necessary notice. |
| Summary |
In the case of Muhammad Aftab Ali Khan vs. Pakistan Telecommunication Company Limited, the Federal Service Tribunal addressed the issue of pension stoppage under the Civil Servants Act and the Service Tribunals Act. The appellant, who had retired under a voluntary retirement scheme, found his pension halted without prior notice due to allegations of sub-letting a residential quarter. The Tribunal emphasized the importance of due process, stating that the authorities must issue a show-cause notice before taking any punitive action against a retired employee. This case highlights the legal protections afforded to civil servants regarding their pensions and the procedural requirements that must be followed by authorities in such matters. The Tribunal's ruling reinforces the principles of fairness and justice in administrative actions, ensuring that retired employees are not deprived of their benefits without appropriate legal procedures. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Pakistan Telecommunication Company Limited
|
| Judges |
Qazi Muhammad Hussain Siddiqui,
Rashid Ali Mirza
|
| Lawyers |
Irfanullah G. Ali,
Abdul Majeed
|
| Petitioners |
Muhammad Aftab Ali Khan
|
| Respondents |
Pakistan Telecommunication Company Limited through Chairman and another
|
| Citations |
2006 SLD 1727 = 2006 PLC 617
|
| Other Citations |
2004 SCMR 656
|
| Laws Involved |
Civil Servants Act,
Service Tribunals Act
|
| Sections |
19,
4
|