| Case ID |
d6bf884a-ab89-46d1-b60a-526093c12dc1 |
| Body |
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| Case Number |
Civil Petition No. 368 of 1995 |
| Decision Date |
Nov 22, 1995 |
| Hearing Date |
Nov 22, 1995 |
| Decision |
The Supreme Court granted leave to appeal against the Federal Service Tribunal's judgment which dismissed the petitioner's service appeal. The petitioner, a civil servant, was initially appointed as a Lower Division Clerk in the Customs Department in February 1990 but faced termination in January 1991. After exhausting departmental remedies, the case was remanded by the Service Tribunal for re-examination. The Cabinet Division's directive reinstated all similarly situated civil servants, but back benefits were denied to the petitioner. The Court noted that another civil servant, reinstated under similar circumstances, was granted back benefits, leading to allegations of discriminatory treatment. The Court decided to examine these contentions further. |
| Summary |
This case revolves around the reinstatement of a civil servant who faced termination and the denial of back benefits upon reinstatement. The Supreme Court of Pakistan examined the principles of equality and non-discrimination in the context of the Civil Servants Act and the Constitution. The petitioner argued that he was treated unfairly compared to another civil servant, whose reinstatement included back benefits. The Court's decision to grant leave to appeal highlights significant legal issues related to civil service employment, the rights of government employees, and the obligations of administrative bodies in ensuring equitable treatment. This case is vital for understanding the legal framework surrounding civil service employment and the protections afforded to civil servants under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
SH. RIAZ AHMAD,
MUKHTAR AHMAD, JUNEJO
|
| Lawyers |
Riazul Haq Sheikh, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
ABDUL WAHID
|
| Respondents |
CHAIRMAN, C.B.R., ISLAMABAD and another
|
| Citations |
1998 SLD 1495 = 1998 PLC 915
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
11,
Art. 212(3)
|