1995 PLP (C (PLC(CS))
MEHTAB GUL Versus COMMISSIONER, AFGHAN REFUGEES, PESHAWAR and another
| Citation | 1995 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court or Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ |
| Parties | MEHTAB GUL Versus COMMISSIONER, AFGHAN REFUGEES, PESHAWAR and another |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court or Pakistan bench comprising: Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP (C (PLC(CS)) (MEHTAB GUL Versus COMMISSIONER, AFGHAN REFUGEES, PESHAWAR and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 6th December 1994.
Headnotes / Summary
(On appeal from the judgment of Federal Service Tribunal, Islamabad, dated 2‑5‑1994, passed in Appeal 168(P) of 1994). ‑‑‑‑Art. 212(3)‑‑‑Service Tribunals Act (LXX of 1973), S. 4‑‑‑Civil Service Regulations, R. 371‑A‑‑Termination of service‑‑‑Service Tribunal dismissing civil servant's appeal on assumption that not only he was temporary employee but office where he was employed was itself a temporary organisation‑‑ Validity‑‑‑Leave to appeal was granted to consider civil servant's contention that he having put in more than 10 years' service, even if his termination from service was valid, he was still entitled to pensionary benefits under R. 371‑A, Civil Service Regulations‑‑‑Such contention having raised question of law of public importance required consideration. (Mir Ahmad Khan v. Secretary to Government and others Civil Appeal No. 574 of 1992). Petitioner in person.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.‑‑‑The services of the petitioner, who was serving as Store‑Keeper (B‑6) in the Afghan Refugees Organisation, Mardan, have been dispensed with on 1‑1‑1994. The petitioner challenged the above termination order before the Service Tribunal, Islamabad, in a Service Appeal which has been dismissed by the impugned judgment on the ground that not only the petitioner was a temporary employee of the Afghan Refugees Organisation but that the office where petitioner was employed was itself a temporary organisation. The petitioner who is appearing in person has sought leave to appeal against the impugned judgment of Federal Service Tribunal, Islamabad. In support of the petition, it is contended by the petitioner that he had put in more than 10 years of service in Afghan Refugees Organisation and therefore, even if his termination from service was valid, he was entitled to pensionary benefits under Rule 371‑A of Civil Service Regulations. Reliance is placed, in support of the contention, on an unreported judgment of this Court in Civil Appeal No. 574 of 1992 (Mir Ahmad Khan v. Secretary to Government and others), decided on 7‑2‑1994 (30‑11‑1993). The contention raises a question of law of public importance and we, accordingly, grant leave to appeal to consider the same. AA./M‑2240/S Leave granted.