| Case ID |
52adf40d-499b-4f17-8b94-6a7e4f612a90 |
| Body |
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| Case Number |
Civil Appeal No. 735 of 1995 |
| Decision Date |
Jun 04, 1998 |
| Hearing Date |
Jun 04, 1998 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Muhammad Rafiq against the Federal Service Tribunal's judgment denying his repatriation to the Wafaqi Mohtasib Secretariat. The Court held that Muhammad Rafiq's lien to his original post in the Finance Division remained intact and that he was not subjected to discriminatory treatment. The Court emphasized that the mere absence of promotion opportunities in his parent department did not provide grounds for complaint, affirming the Tribunal's decision not to interfere with the administrative actions taken regarding his employment status. |
| Summary |
This case revolves around the appeal of Muhammad Rafiq against the Federal Service Tribunal's decision regarding his repatriation from the Wafaqi Mohtasib Secretariat back to the Finance Division. The Supreme Court of Pakistan analyzed the Civil Servants Act and the relevant constitutional provisions, focusing on the appellant's rights and the nature of his employment. The Court concluded that Rafiq's lien was preserved throughout his tenure in the Ombudsman’s office, and his arguments regarding promotion prospects were insufficient to challenge the Tribunal's findings. The case highlights important aspects of civil service law, including reversion rights and the implications of administrative decisions on civil servants' career trajectories. Keywords such as 'Civil Servants Act', 'Supreme Court of Pakistan', 'employment law', and 'administrative justice' are pivotal in understanding the legal precedents and implications established through this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF, J.
|
| Lawyers |
Shahid Saeed, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
MUHAMMAD RAFIQ
|
| Respondents |
2 others,
SECRETARY, WAFAQI MOHTASIBS SECRETARIAT ISLAMABAD
|
| Citations |
1999 SLD 734,
1999 PLC 20
|
| Other Citations |
Sh. Noor Hussain Zia v. Wafaqi Mohtasib Appeal No. 260(R) of 1991
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
10,
212
|