| Case ID |
5c844dd1-a032-4176-ac2a-44dc7f7d9f3f |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.2803 of 2009 |
| Decision Date |
Mar 08, 2011 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by Akbar Shah, who sought to have his ad hoc service as an Instructor with the Provincial Government considered for pensionary benefits. The court held that since the petitioner held an ad hoc position, he could not be regarded as having permanent employment under the Fundamental Rules. The court ruled that only continuous service counts towards pension, and the petitioner had not contributed to pensionary benefits during his ad hoc service. The court also noted that the necessary certificate from the Audit Office of the Provincial Government was not produced to validate his claim. The decision emphasized that the rules cited were non-statutory, and employees of autonomous bodies cannot seek remedies under Article 199 of the Constitution. Therefore, the petition was dismissed. |
| Summary |
This case revolves around the legal principles concerning the pensionary rights of employees on ad hoc appointments in Pakistan. Akbar Shah, the petitioner, argued that his previous service as an ad hoc Instructor should be considered for pension benefits upon his appointment as Deputy Registrar in the Securities and Exchange Commission. The Islamabad High Court ruled that since he served on an ad hoc basis, he did not hold a permanent position and thus was not entitled to pensionary benefits. The ruling highlighted the importance of continuous service for pension eligibility and the necessity of providing relevant certificates to substantiate claims for pension benefits. The decision reinforces the legal standing that ad hoc roles do not equate to permanent employment in the context of pension rights under Pakistani law. This case is significant in understanding the legal framework surrounding employment rights and pension in Pakistan, particularly for employees in autonomous bodies and those serving in ad hoc capacities. Keywords: pension rights, ad hoc appointment, Islamabad High Court, legal principles, employment rights, Pakistan law. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Iqbal Hameed-ur-Rehman, C.J.
|
| Lawyers |
Raja Muhammad Khan for Petitioner,
M. Bilal, Senior Advocate Supreme Court of Pakistan along with Babar Bilal for Respondents
|
| Petitioners |
Akbar Shah
|
| Respondents |
Securities and Exchange Commission of Pakistan through Chairman
|
| Citations |
2011 SLD 1805,
2011 PLC 1175
|
| Other Citations |
Pakistan through the Secretary, Ministry Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407,
Chief Secretary, Government of Sindh v. Sher Muhammad Makhdoom and 2 others PLD 1991 SC 973,
Messrs United Kashmir Flour Mills (Pvt.) Limited Company through Chief Executive v. Government of Azad Jammu and Kashmir through Secretary Ministry of Food and 2 others 2003 YLR 2835,
Messrs Gadoon Textile Mills and 814 others v. WAPDA and others 1997 SCMR 641,
The Engineer in Chief Branch v. Jalaluddin PLD 1992 SC 207,
Pakistan Telecommunication Co. Ltd. through Chairman v. Iqbal Nasir and others PLD 2011 SC 132
|
| Laws Involved |
Securities and Exchange Commission of Pakistan Act (XLII of 1997),
Civil Service Regulations,
Fundamental Rules,
Constitution of Pakistan
|
| Sections |
43(g),
Regln.45,
F.R. No.105,
Art.199
|