2009 PLP 769 (SCMR)
SECRETARY FINANCE DIVISION, ISLAMABAD — Petitioner Versus MUHAMMAD ZAMAN, EX-INSPECTOR, I.B., ISLAMABAD and others — Respondents
| Citation | 2009 PLP 769 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Faqir Muhammad Khokhar, Muhammad Akhtar Shabbir and Zia Perwez, JJ |
| Parties | SECRETARY FINANCE DIVISION, ISLAMABAD — Petitioner Versus MUHAMMAD ZAMAN, EX-INSPECTOR, I.B., ISLAMABAD and others — Respondents |
| Primary Law | Civil Service Rules |
Q1: What are the key laws and sections cited in 2009 PLP 769 (SCMR)?
This judgment primarily cites: Civil Service Rules as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 769 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Faqir Muhammad Khokhar, Muhammad Akhtar Shabbir and Zia Perwez, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 769 (SCMR) (SECRETARY FINANCE DIVISION, ISLAMABAD — Petitioner Versus MUHAMMAD ZAMAN, EX-INSPECTOR, I.B., ISLAMABAD and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Niaz Ahmed Rathore, Advocate Supreme Court, M.S. (hattak, Advocate-on-Record and Ali Sher, S.O. (Finance) for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment, dated 6-12-2007 passed by the Federal service Tribunal, Islamabad in Appeal No.940(R)(C.S.) of 2004).
R. 423
Constitution of Pakistan (1973), Art.212(3)
Civil Service Rules, R.423
Scope
Civil servant, in the present case, had retired from service on attaining age of superannuation
Total service of civil servant for qualifying pension being short by 10 years with deficiency of 5 months and 3 days, he was declined pensionary benefits
Appeal of civil servant was allowed by Service Tribunal and deficiency of 5 months and 3 days was automatically condoned in terms of R.423(1), Civil Service. Rules
R.423, CSR is without any qualification and is not restricted to the pensionary benefit of a widow, R.423(2) empowers the competent authority to condone the deficiency of more than 6 months but less than one year where an officer has died while in service, or has retired under circumstances beyond his control
While the Rules were capable of bearing a reasonable interpretation favourable to the employee then that interpretation should be preferred
Petition for leave to appeal against judgment of the Service Tribunal was dismissed in circumstances. Postmaster-General Eastern Circle (E.P.) Dacca and another v. Muhammad Hashim PLD 1978 SC 61 ref.
Judgment & Decree
FAQIR MUHAMMAD KHOKHAR, J.
The respondent had retired from service with effect from 3-11-2002 on attaining age of superannuation. His total service for qualifying pension was short of 10 years with a deficiency of 5 months and 3 days. He was declined pensionary benefits by the departmental authority. However, his Service Appeal No.940(R)(C.S.) of 2004 was allowed by the Federal Service Tribunal, Islamabad vide impugned judgment, dated 6-12-2007 and the deficiency of 5 months and 3 days stood automatically condoned in terms of rules 423(1) of C.S.R.
2. The learned Deputy Attorney-General vehemently argued that in view of Rule 374 C.S.R., there was no question of automatic condonation of deficiency of less than 6 months for calculating pensionary benefits of service, in view of the instructions, dated 11-11-1996 issued by Regulation Wing, Ministry of Finance, Government of Pakistan and that Rule 423 of C.S.R. as attracted to the cases of widows of Government Servants.
3. We have heard the learned Deputy Attorney-General at some length and have also perused the record available. We find that Rule 423, of C.S.R. is without any qualification and is not restricted to the pensionary benefit of a widow. Of course sub-rule (2) of Rule 423, C.S.R. empowers the competent authority to condone the deficiency of more than 6 months but less than one year where an officer has died while in service, or has retired under circumstances beyond his control. In the case of Postmaster-General, Eastern Circle (E.P.) Dacca and another v. Muhammad Hashim PLD 1978 SC 61, it was held that if the Rules were capable of bearing a reasonable interpretation favourable to the employee then that interpretation should be preferred. We do not find any legal infirmity in the judgment of the Service Tribunal. This is not a fit case for grant of leave to appeal.
4. For the foregoing reasons, this petition is dismissed and leave to appeal is refused accordingly. M.B.A./S-36/SC Petition dismissed.