| Case ID |
e03b45b8-46bc-4daf-8746-70e936b388e6 |
| Body |
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| Case Number |
Civil Appeal No.844 in Civil petition for leave to |
| Decision Date |
Jul 08, 1997 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal regarding the status of the employee of the National Assembly Secretariat, determining whether they qualify as civil servants under the Civil Servants Act. The court observed that the conflicting decisions regarding the definition of civil servant necessitate further examination. The court acknowledged that the petitioner was suspended and subsequently reinstated but challenged the notification regarding his posting. The decision noted the importance of maintaining the status quo until a hearing can take place regarding the appeal, particularly since the petitioner was reinstated in a lower grade than his original post. |
| Summary |
In the case of Syed Shaukat Ali Bukhari vs. Secretary, National Assembly Secretariat, the Supreme Court of Pakistan addressed the issue of whether employees of the National Assembly Secretariat are considered civil servants. The case, stemming from a suspension and subsequent reinstatement of the petitioner, raised questions regarding the jurisdiction of the High Court and the applicability of Article 212 of the Constitution. The court's decision is significant as it could redefine the status of National Assembly employees in relation to civil service law, impacting recruitment and conditions of service rules. Legal representatives argued that the terms and conditions of service for these employees differ from those of traditional civil servants, referencing previous case law to support their claims. This case highlights the evolving interpretation of civil service status in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
National Assembly Secretariat
|
| Judges |
SAIDUZZAMAN SIDDIQUI, ACTG. C.J.,
MUHAMMAD BASHIR KHAN, JEHANGIRI, J
|
| Lawyers |
Mian Fazle Mahmood, Senior Advocate Supreme Court,
Anwar H Mir, Advocate-on-Record
|
| Petitioners |
Syed SHAUKAT ALI BOKHARI
|
| Respondents |
ISLAMABAD,
SECRETARY, NATIONAL ASSEMBLY SECRETARIAT,
Mian Tariq Mahmood, Deputy Attorney-General
|
| Citations |
1997 SLD 419,
1997 PLD 877
|
| Other Citations |
Shahid Iqbal v. Government of Pakistan 1995 SCMR 660,
Registrar, Supreme Court of Pakistan v. Qazi Wali Muhammad 1997 SCMR 141,
Hadi Bux v. Government of Sindh PLD 1994 SC 532
|
| Laws Involved |
National Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1973,
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
12,
2(a),
87(3),
199,
212,
185(3)
|