| Case ID |
3d8309d9-e0b3-44b2-92b8-bba3e585a7fa |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.574 of 1989 |
| Decision Date |
Dec 16, 1991 |
| Hearing Date |
|
| Decision |
This appeal is allowed. The orders of Tribunal and of compulsory retirement of the appellant by the Federal Government are set aside as without jurisdiction. The question of limitation will not come in between because the Provincial Government all through treated him as its own employee and had dealt with him even during the pendency of the appeal in a beneficial and befitting manner. |
| Summary |
In the landmark case of Civil Appeal No.574 of 1989, decided on December 16, 1991, the Supreme Appellate Court of Pakistan addressed the complexities surrounding the employment status and lien rights of civil servants transferred from provincial to federal positions. The appellant, Mazhar Ali, a permanent civil servant of the Punjab Government, was deputed to the Federal Government's Ministry of Finance without confirmation to a permanent post, invoking the Civil Servants Act (LXXI of 1973) and Civil Services Rules (Punjab). During his tenure, Mazhar faced disciplinary action leading to his compulsory retirement ordered by the President of Pakistan. Mazhar contended that as his lien should remain with the Punjab Government, the Federal Government lacked the jurisdiction to enforce his retirement. Initially, the Punjab Service Tribunal dismissed his appeal, citing conflicting notifications and applying the principle of estoppel. However, upon reaching the Supreme Appellate Court, it was determined that without confirmation from the Federal Government, Mazhar's lien remained with the Punjab Government, thereby invalidating the Federal Government's authority to mandate his retirement. This decision underscores the critical importance of proper confirmation and adherence to civil service regulations when transferring employees between governmental branches. It also highlights the protective measures afforded to civil servants under the Constitution of Pakistan and relevant civil service laws, ensuring their rights and job security are maintained during intergovernmental postings. |
| Court |
Supreme Appellate Court, Pakistan
|
| Entities Involved |
Federal Government,
Government of Pakistan,
Government of the Punjab,
Punjab Service Tribunal,
Ministry of Finance,
Irrigation and Power Department,
Cabinet Secretariat,
Secretary, Establishment Division
|
| Judges |
SHAFIUR RAHMAN,
RUSTAM S. SIDHWA,
MUHAMMAD AFZAL LONE
|
| Lawyers |
Not available
|
| Petitioners |
MAZHAR ALI
|
| Respondents |
FEDERATION OF PAKISTAN/PRESIDENT OF PAKISTAN through the Secretary, Establishment Division, Cabinet Secretariat and others
|
| Citations |
1992 SCMR 435,
1992 SLD 539
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Servants Act (LXXI of 1973),
Civil Services Rules (Punjab), Vol.I,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
Art.212(3),
S.2(1)(h),
Rr.3.13 to 3.17,
S.4
|