| Case ID |
ffd2d0df-2d91-4056-ab7c-3131d6990664 |
| Body |
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| Case Number |
Civil Appeal No. 574 of 1989 |
| Decision Date |
Dec 16, 1991 |
| Hearing Date |
Dec 16, 1991 |
| Decision |
The Supreme Court of Pakistan set aside the compulsory retirement order of the civil servant in question. It was determined that the civil servant, who had been transferred from the Provincial Government to the Federal Government, was not confirmed on any post by the Federal Government. As a result, his lien would be retained with the Provincial Government. The President of Pakistan was found to be without jurisdiction to direct either compulsory retirement or termination of such civil servant's service. The court ruled that the question of limitation for redress of grievance would not apply, as the Provincial Government continued to treat him as its own employee. |
| Summary |
This case, heard by the Supreme Court of Pakistan, involves a dispute regarding the lien and compulsory retirement of a civil servant transferred from the Provincial Government to the Federal Government. The key issue was whether the lien of a permanent civil servant could be terminated when transferred to the Federal Government without confirmation on a new post. The court analyzed the Civil Servants Act, the Constitution of Pakistan, and relevant service rules. It concluded that the civil servant's lien should remain with the Provincial Government, as there was no confirmation by the Federal Government. Consequently, the President of Pakistan lacked jurisdiction to enforce compulsory retirement. The court's decision emphasized the rights of civil servants under Pakistani law, particularly concerning lien retention and jurisdictional authority. This ruling reinforces the importance of adhering to legal frameworks governing civil service transfers and the limitations on authority in such matters, highlighting the complexities of civil service law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Provincial Government,
Federal Government,
President of Pakistan
|
| Judges |
Shafiur Rahman,
Rustam S. Sidhwa,
Muhammad Afzal Lone
|
| Lawyers |
Sh. Manzur Ahmad, Advocate,
M. Aslam Chaudhry, Advocate-on-Record,
Aftab Iqbal Chaudhry, Deputy Attorney-General,
Rao Muhammad Yusuf Khan, Advocate-on-Record
|
| Petitioners |
Mazhar Ali
|
| Respondents |
2 others,
Secretary, Establishment Division, Cabinet Secretariat
|
| Citations |
1992 SLD 804,
1992 PLC 411
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Servants Act (LXXI of 1973),
Civil Services Rules (Punjab), Vol. I,
Fundamental Rules,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
Art. 212(3),
S.2(1)(h),
Rr.3.13 to 3.17,
13, 14 & 14-A,
S.4
|