1992 PLP (C (PLC(CS))
Dr. AFTAB AHMED QURESHI Versus CHIEF SECRETARY, GOVERNMENT OF SINDH, KARACHI and 2 others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Service Tribunal Sindh |
| Bench Members | Munawar Ali Khan, Chairman and Ghulam Mujadid Isran, Member |
| Parties | Dr. AFTAB AHMED QURESHI Versus CHIEF SECRETARY, GOVERNMENT OF SINDH, KARACHI and 2 others |
| Primary Law | (c) Words and phrases, (b) Civil service, (d) Constitution or Pakistan (1973) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (c) Words and phrases, (b) Civil service, (d) Constitution or Pakistan (1973), (a) Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Service Tribunal Sindh bench comprising: Munawar Ali Khan, Chairman and Ghulam Mujadid Isran, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Dr. AFTAB AHMED QURESHI Versus CHIEF SECRETARY, GOVERNMENT OF SINDH, KARACHI and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.L. Shahani for Appellant.
- Date of hearing: 10th July, 1991.
Headnotes / Summary
Civil Servant on attaining pg age of superannuation, retired from service after serving 34 years in department concerned
Civil servant, during that period of his service was compulsorily retired, but after 6 years was reinstated and that gap of 6 years in which he remained out of service, was treated by Authority as extraordinary leave and was excluded from period qualifying for pension
Civil servant's pension, thus was computed on basis of 28 years of service and not on basis of 34 years which civil servant had claimed
Government, subsequently, allowed benefit of 30 years' service for purpose of computing pension to those Government servants who were so reinstated
Civil servant too got such benefit and his pension was recalculated on basis of 30 years' service instead of 28 years, which was earlier computed, but he being still dissatisfied, claimed pension to be given to him on basis of 34 years
Civil servant's case admittedly was not normal case of retirement, but he was compulsorily retired
Had he been retired in normal circumstances without any breach in his service, he would have, surely got benefit of entire period of 34 years in pension, but he having been compulsorily retired, his case was different from normal cases of retirement
Authorities thus could not be compelled to apply ordinary rules of pension to civil servant who belonged to special class of servants being so reinstated
Pension of civil servant; in circumstances was rightly fixed or refixed as 30 years in accordance with special instructions validly issued by Government in that respect. ... Martial Law Order (MLO 23) according to which compulsorily retired civil servants were reinstated, provided that order of reinstatement would not entitle re-instated civil servant to any damages, compensation or arrears of emoluments or other benefits for period he remained out of service
Words "other benefits" had been used in sequence of benefits of financial nature-- Such words, would be interpreted as monetary benefits. Government of Pakistan v. Muhammad Iqbal PLD 1987 SC 427 ref.
Art. 25
Equal protection of law, would not envisage that every citizen was to be treated alike in all circumstances, but it contemplated that persons similarly situated or similarly placed, were to be treated alike
Reasonable classification was permissible, but it must be founded on reasonable distinction or reasonable basis
Thus, despite fundamental rights of equality of all citizens in respect of any law as enshrined in Article 25 of Constitution of Pakistan, reasonable discrimination, has been permitted for purpose of application of said Article and reasonable classification of citizens could be made. Abdul Ghafoor Mangi, AA.-G. for the Government.
Judgment & Decree
... Martial Law Order (MLO 23) according to which compulsorily retired civil servants were reinstated, provided that order of reinstatement would not entitle re-instated civil servant to any damages, compensation or arrears of emoluments or other benefits for period he remained out of service
Words "other benefits" had been used in sequence of benefits of financial nature-- Such words, would be interpreted as monetary benefits. Government of Pakistan v. Muhammad Iqbal PLD 1987 SC 427 ref. (c) Words and phrases
Connotation of. (d) Constitution or Pakistan (1973)
Art. 25
Equal protection of law, would not envisage that every citizen was to be treated alike in all circumstances, but it contemplated that persons similarly situated or similarly placed, were to be treated alike
Reasonable classification was permissible, but it must be founded on reasonable distinction or reasonable basis
Thus, despite fundamental rights of equality of all citizens in respect of any law as enshrined in Article 25 of Constitution of Pakistan, reasonable discrimination, has been permitted for purpose of application of said Article and reasonable classification of citizens could be made. M.L. Shahani for Appellant. Abdul Ghafoor Mangi, AA.-G. for the Government. Date of hearing: 10th July, 1991.