| Case ID |
43563f51-4566-494b-965b-5bc60f7f7689 |
| Body |
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| Case Number |
Writ Petitions Nos. 1390 of 2011 and 257 of 2014 |
| Decision Date |
Jul 02, 2015 |
| Hearing Date |
|
| Decision |
The court declared that the condition of retirement of the petitioner as a civil servant on completing the age of superannuation was discriminatory and unlawful. The court held that the petitioner, who had been appointed as Chairman of the Service Tribunal, should not be treated as a civil servant for retirement purposes. The petitioner's prior position as a District and Sessions Judge did not apply upon his appointment as Chairman. The impugned notifications regarding the retirement of the petitioner were quashed, and it was decided that the petitioner should remain in his position until the age of 62, consistent with the provisions applicable to Judges of the High Court. |
| Summary |
This case involves the review of the retirement conditions of Syed Khalid Hussain Gillani, who was appointed as Chairman of the Azad Jammu and Kashmir Service Tribunal. The petitioner argued that his retirement condition as a civil servant upon reaching the age of superannuation was discriminatory, especially since he was granted the same salary and privileges as a High Court Judge. The court found that the retirement condition was not legally justified, as it contradicted the equal treatment principles enshrined in the Azad Jammu and Kashmir Interim Constitution Act. Consequently, the court ruled in favor of the petitioner, affirming his right to remain in office until the age of 62, aligning his status with that of a High Court Judge. This decision underscores the importance of equality before the law and protection against discrimination in public service appointments. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
|
| Judges |
M. Tabassum Aftab Ali, Justice,
Azhar Saleem Babar, Justice
|
| Lawyers |
Raja Muhammad Hanif Khan for Petitioner,
Asghar Ali Malik for Respondents
|
| Petitioners |
Syed Khalid Hussain Gillani
|
| Respondents |
Azad Jammu and Kashmir Government through Chief Secretary, Muzaffarabad and 2 Others
|
| Citations |
2017 SLD 291,
2017 PLC 20
|
| Other Citations |
Ali Azhar Khan v. Province of Sindh 2015 SCMR 456,
Raja Shahnawaz Khan v. Azad Government of the State of Jammu and Kashmir and 3 others 2013 PLC (C.S.) 728,
Azad Government and others v. Muhammad Younas Tahir and others 1994 CLC 2339,
Pakistan International Airlines Corporation through Chairman and others v. Shahzad Farooq Malik and another 2004 SCMR 158,
Sh. Riaz-ul-Haq, ASC and another v. Federation of Pakistan through Ministry of Law and others PLD 2013 SC 501=2013 PLC (C.S.) 1308
|
| Laws Involved |
Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975),
Azad Jammu and Kashmir Civil Servants Act (VI of 1976),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
3,
4,
9,
15,
17,
44
|