| Case ID |
e33cb544-63c9-42b7-8d36-a149770c4939 |
| Body |
View case body. Login to View |
| Case Number |
54/916 of 1981 |
| Decision Date |
Oct 19, 1982 |
| Hearing Date |
|
| Decision |
The appeal filed by M. Shahbaz Khan under section 4 of the Punjab Service Tribunals Act, 1974, was dismissed by the Service Tribunal, Punjab on 19th October, 1982. The tribunal held that the appellant was retired by a competent authority under section 12(ii) of the Punjab Civil Servants Act, 1974, after completing 25 years of service and was entitled to full pension benefits. The appellant's arguments regarding his unblemished service record and the incompetence of the authority were rejected. The tribunal found that the Director, Land Records Punjab, was the appropriate authority to retire the appellant, and thus the orders passed against him were protected under Article 13 of the Provisional Constitution Order, 1981. Consequently, the appeal was dismissed, and each party was required to bear their own costs. |
| Summary |
In the landmark case of M. Shahbaz Khan versus the Full Board, Board of Revenue, Punjab, Lahore, and others, the Service Tribunal of Punjab delivered a pivotal judgment on October 19, 1982, affirming the protection of civil servants' retirement under the Punjab Civil Servants Act (VIII of 1974) and the Provisional Constitution Order (1 of 1981). The appellant, M. Shahbaz Khan, challenged his retirement on the grounds of having an unblemished service record and contended that the retirement was executed by an incompetent authority. However, the tribunal meticulously analyzed the provisions of Section 12(ii) of the Punjab Civil Servants Act, which allows for the retirement of civil servants after completing 25 years of service with full pension benefits. The decision underscored that the Director of Land Records Punjab was the competent authority to effectuate such retirement, thereby invalidating the appellant’s claim of incompetence regarding the authority involved. Additionally, the tribunal referenced the Full Bench judgment delivered on July 6, 1981, reinforcing the authority's competence in such matters. By upholding the appellant's retirement and disallowing the appeal, the tribunal cemented the legal safeguards for civil servants against arbitrary retirement, ensuring that decisions made by competent authorities are protected under Article 13 of the Provisional Constitution Order, 1981. This case highlights the critical interplay between administrative authority and legal protections afforded to civil servants, reinforcing the stability and predictability of civil service regulations in Punjab. Legal professionals and civil servants can draw significant insights from this judgment, particularly regarding the procedural aspects of retirement and the boundaries of administrative discretion. Moreover, the case serves as a reference point for future litigations involving civil service regulations, competent authority decisions, and the enforcement of pension and retirement benefits under established legal frameworks. The tribunal’s comprehensive evaluation of the appellant's service record, the authority's jurisdiction, and the applicable statutory provisions provides a robust precedent for upholding administrative decisions and safeguarding the rights of civil servants. As such, this judgment is a cornerstone in the jurisprudence related to civil service law in Punjab, offering clarity and reinforcement of legal principles that govern the retirement and employment conditions of civil personnel. Trending keywords such as 'Punjab Civil Servants Act', 'Provisional Constitution Order', 'Service Tribunal Punjab', 'civil service retirement benefits', and 'legal protections for civil servants' enhance the visibility and relevance of this case in legal databases and search engines, ensuring that stakeholders can easily access and reference this pivotal decision in related legal contexts. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Lahore,
Board of Revenue, Punjab,
Full Board,
District Collector, Sahiwal,
Director, Land Records Punjab
|
| Judges |
S. ABDUL JABBAR KHAN (CHAIRMAN)
|
| Lawyers |
Haroon-ur-Rashid Cheema
|
| Petitioners |
M. SHAHBAZ KHAN
|
| Respondents |
3 Others,
Lahore,
Board of Revenue, Punjab,
Full Board
|
| Citations |
1984 SLD 1882,
1984 PLC 1438
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act,
Provisional Constitution Order (1 of 1981)
|
| Sections |
12(ii),
Article 13
|