| Case ID |
436a0e8b-6742-4ea4-8765-d14a2470b178 |
| Body |
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| Case Number |
Civil Appeal No.650 of 2005 |
| Decision Date |
Jul 06, 2006 |
| Hearing Date |
Nov 23, 2005 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of the appellant, who was an employee of the National Institute of Science and Technology Education (NISTE). The Court determined that the appellant was entitled to pensionary benefits under the relevant rules, as the status of the employees of NISTE was recognized as that of civil servants for all practical purposes. The judgment of the Service Tribunal, which had dismissed the appeal on grounds of non-qualification for pension due to lack of a pension scheme, was set aside. The Court emphasized that the employees of organizations established by resolutions of the Federal Government could be deemed civil servants, thus entitled to the same benefits as government employees, including pension and gratuity. The decision clarified the applicability of Civil Service Regulations to employees of government-controlled organizations. |
| Summary |
In the case of Civil Appeal No.650 of 2005, the Supreme Court of Pakistan addressed the issue of pensionary benefits for employees of the National Institute of Science and Technology Education (NISTE). The appellant, having served in various capacities under the Ministry of Education, argued for recognition as a civil servant entitled to benefits similar to those of Federal Government employees. The Court examined the definitions under the Civil Servants Act and the Service Tribunals Act, ultimately ruling that the appellant's employment status warranted entitlement to pensionary benefits. The decision set a precedent for employees of government-established organizations, emphasizing their rights to similar treatment as civil servants. This case highlights the importance of legal recognition for employees in public service and the implications of employment status on benefits. It serves as a significant reference point for future cases involving civil servant status and pension rights, ensuring that employees are treated fairly under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Institute of Science and Technology Education (NISTE)
|
| Judges |
MUHAMMAD NAWAZ ABBASI,
NASIR-UL-MULK,
IKRAM ELAHI SHEIKH
|
| Lawyers |
Shah Abdur Rashid, Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record,
M.S. Khattak Advocate-on-Record,
Arif Raja, Advocate Supreme Court
|
| Petitioners |
|
| Respondents |
DIRECTOR GENERAL, NATIONAL INSTITUTE OF SCIENCE AND TECHNICAL EDUCATION (NISTE), ISLAMABAD AND OTHERS
|
| Citations |
2006 SLD 258,
2006 SCMR 1896
|
| Other Citations |
Saeed Rabbani v. Director General Leather Industry Development Organization and another PLD 1994 SC 123,
C.As. Nos. 1704 to 1715 of 2003,
C.A. No. 2 of 1996,
Arshad v. Miss Naeema Khan PLD 1990 SC 612,
Dr. Rashid Anwar v. Federation of Pakistan 1996 SCMR 1572,
Secretary Ministry of Science and Technology v. Nasrullah 1998 PLC CS 1033,
Nuran Shah Sarhadi v. Chairman, Pakistan Academy of Letters, Islamabad PLJ 2000 Tr.C. (Service 159),
Muhammad Aslam and 9 others v. Secretary to Government of Pakistan, Ministry of Science and Technology, Islamabad and other 1998 SCMR 1160,
Mir Ahmed Khan v. Secretary to Government and others 1997 SCMR 1477,
Commissioner Afghan Refugees, N.-W.F.P. and others v. Fazal Hakim in Civil Appeal No.22(P) of 1988
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
19,
2(b),
2-A,
4,
Art.212(3)
|