| Case ID |
e10ddeea-73e3-4da5-9371-94f73f823a53 |
| Body |
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| Case Number |
Civil Review Petition No.17-K of 2005 in Civil Pet |
| Decision Date |
Mar 07, 2006 |
| Hearing Date |
Jan 09, 2006 |
| Decision |
The Supreme Court of Pakistan reviewed the decision of the Sindh Service Tribunal regarding the retirement of Syed Ashfaq Hussain Shah from N.E.D. University of Engineering and Technology. The Court found that the retirement was not voluntary but rather obtained under duress and compulsion, thus void ab initio. The Court emphasized that there is no inflexible rule that an option for retirement cannot be retracted. The appeal by the petitioner was allowed, the judgment of the Service Tribunal was restored, and the previous judgment sought to be reviewed was reversed. The Court highlighted the importance of assessing the circumstances under which the retirement option was exercised. |
| Summary |
This case revolves around the review of a Supreme Court decision concerning the retirement of Syed Ashfaq Hussain Shah from N.E.D. University of Engineering and Technology. Initially, Shah applied for Leave Preparatory to Retirement (LPR), which was accepted under duress by the Vice-Chancellor. Upon his appeal to the Sindh Service Tribunal, it was found that his retirement was not voluntary. The Supreme Court, upon review, emphasized that the option of retirement can be revoked if proven to be exercised under coercion. The ruling underscored the necessity of examining the facts surrounding the retirement decision, leading to the restoration of the Tribunal's ruling in favor of Shah. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
N.E.D. University of Engineering and Technology
|
| Judges |
RANA BHAGWANDAS,
HAMID ALI MIRZA
|
| Lawyers |
Muhammad Tasneem,
Ahmadullah Faruqui
|
| Petitioners |
Syed ASHFAQ HUSSAIN SHAH
|
| Respondents |
others,
N.E.D. UNIVERSITY OF ENGINEERING AND TECHNOLOGY, KARACHI
|
| Citations |
2007 SLD 1825,
2007 PLC 194
|
| Other Citations |
Muhammad Jan Marwat and another v. Nazir Muhammad and 17 others 1997 SCMR 287,
Abdul Nahi v. Government of West Pakistan through Chief Secretary, Lahore and another PLD 1973 Quetta 4,
Government of Sindh through Secretary S&GAD and another v. Raja Muhammad Inayat Khan 2000 SCMR 1964,
Noor-uz-Zaman Ahmad v. Punjab Province 1984 PLC (C.S.) 864,
Noor Ahmed v: Divisional Forest Officer, Faisalabad 1984 PLC (C.S.) 1085,
Muhammad Rafique v. Pakistan Railways 1995 SCMR 904,
State Bank of Pakistan v. Khyber Zaman and others 2004 SCMR 1426,
Anwarul Haq v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others 1995 SCMR 1505,
The Chairman, P.I.A.C. and others v. Nasim Malik PLD 1990 SC 951,
Province of Punjab through Deputy Director Food, Rawalpindi v. Muhammad Iqbal, Ex-Food grains Inspector 1984 SCMR 334,
Secretary Government of Punjab, Food and Cooperation Department v. Shamoon Bahadur PLD 1979 SC 835,
Ahsan Ali and others v. District Judge and others PLD 1969 SC 167,
Jai Ram v. Union of India AIR 1954 SC 584,
Anwar Muhammad v. General Manager, Pakistan Railways, Lahore 1995 SCMR 950
|
| Laws Involved |
Sindh Service Tribunals Act, 1973,
N.E.D. University of Engineering and Technology Act, 1977,
Constitution of Pakistan, 1973
|
| Sections |
4,
28(iv),
38,
46(1)(a),
188,
212(3)
|