| Case ID |
e27b06dc-9b37-42a5-99e7-2cb8cb464411 |
| Body |
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| Case Number |
C.M.A. No.145-Q of 2022 in Civil Petition No. 61-Q |
| Decision Date |
Dec 21, 2023 |
| Hearing Date |
Dec 21, 2023 |
| Decision |
The Supreme Court of Pakistan dismissed the petition of Muhammad Saleem, ruling that his lien against the post of Junior Scale Stenographer in the Services and General Administration Department (S&GAD) was forfeited upon his appointment in NADRA, an autonomous body under the control of the Federal Government. The court found that the relevant rules clearly stipulate that a civil servant loses their lien when accepting a position outside their parent department, confirming that the petitioner's claims were not legally supported. The decision aligns with established precedents and statutory provisions, emphasizing the importance of adherence to civil service regulations. |
| Summary |
In the case of Muhammad Saleem vs. Government of Balochistan, the Supreme Court of Pakistan addressed the issue of lien in civil service law. The petitioner, Muhammad Saleem, sought to restore his lien against the post of Junior Scale Stenographer after his appointment in NADRA. The court examined the legal definitions and implications of 'lien' under the Civil Servants (Confirmation) Rules, 1993, and the Balochistan Civil Servants (Confirmation) Rules, 2012. It concluded that the petitioner forfeited his lien when he accepted a position in an autonomous body, which constitutes a significant change in employment status. The ruling emphasized the importance of clarity in civil service regulations and the legal framework governing appointments and employment transitions. This case highlights critical aspects of civil service rights and the procedural adherence required in public administration. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
NADRA
|
| Judges |
Yahya Afridi,
Jamal Khan Mandokhail
|
| Lawyers |
Muhammad Usman Yousafzai,
Gohar Yaqoob Yousafzai,
Amir Zaman Jogazai,
Noor Hussain Baloch
|
| Petitioners |
MUHAMMAD SALEEM
|
| Respondents |
GOVERNMENT OF BALOCHISTAN through Chief Secretary
|
| Citations |
2024 SLD 2776,
2024 SCMR 614
|
| Other Citations |
Sajjad Hussain v. Secretary, Establishment Division 1996 SCMR 284,
Muhammad Israrullah v. Assistant Director, Manpower 2005 SCMR 716,
Government of N.W.F.P v. Syed Zafarmand Ali 2005 SCMR 1212,
Farid Muhammad v. Secretary, Ministry of Food 1996 SCMR 818
|
| Laws Involved |
Civil Servants (Confirmation) Rules, 1993,
Balochistan Civil Servants (Confirmation) Rules, 2012
|
| Sections |
5,
6(2),
7(2)
|