| Case ID |
ddef537a-0f56-4e20-87ba-0d54c963eb5a |
| Body |
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| Case Number |
Civil Appeal No.396 of 1992 |
| Decision Date |
Jan 09, 1994 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan held that the period spent by the appellant while waiting for appointment after repatriation from former East Pakistan from 18-9-1974 to 22-10-1976 should be treated as a period spent on duty for the purpose of seniority and pensionary benefits. The Court found that the appellant's earlier appeal had merit based on precedents set in the case of Federation of Pakistan v. Zaki Ahmad Siddiqui, which recognized similar claims for former employees of East Pakistan. The Court reversed the decision of the Federal Service Tribunal that dismissed the appellant's appeal as time-barred, affirming that the representation was valid and timely. Therefore, the appeal was accepted, and the appellant's waiting period was recognized as service time eligible for benefits. |
| Summary |
This case revolves around the rights of a former employee of the East Pakistan government regarding the fixation of seniority and pensionary benefits after repatriation to Pakistan. The Supreme Court's decision emphasizes the importance of recognizing the service periods of civil servants who were previously employed in East Pakistan, particularly during tumultuous times. The case highlights the legal complexities surrounding civil service employment laws and the implications of waiting periods on seniority and retirement benefits. The Court's ruling reinforces the need for fair treatment of repatriated employees, ensuring they receive appropriate recognition for their prior service. This decision serves as a significant precedent for similar cases involving former East Pakistan employees and their claims for pensionary benefits. Key legal terms include seniority, pension rights, and civil service law, making this case relevant for ongoing discussions about the rights of civil servants in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH, C.J.,
SAEEDUZZAMAN SIDDIQUI,
FAZAL ILAHI KHAN, JJ
|
| Lawyers |
Tanvir Bashir Ansari, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record,
Hafiz SA. Rehman, Advocate Supreme Court,
Imtiaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
MUHAMMAD FAKHRUDDIN KHAN
|
| Respondents |
5 others,
SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD
|
| Citations |
1994 SLD 385,
1994 PLD 348
|
| Other Citations |
Federation of Pakistan v. Zaki Ahmad Siddiqui (Civil Appeal No.205 of 1988),
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Ex-Employees of the former Government of East Pakistan (Appointment to Federal Posts) Ordinance,
Constitution of Pakistan (1973)
|
| Sections |
3,
4,
5,
Art. 212(3)
|