2007 PLP 1779 (SCMR)
DIRECTORATE-GENERAL CIVIL DEFENCE, GOVERNMENT OF PAKISTAN, INTERIOR DIVISION, ISLAMABAD — Petitioner Versus Mian ABDUL SALAM — Respondent
| Citation | 2007 PLP 1779 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar and Sardar Muhammad Raza Khan, JJ |
| Parties | DIRECTORATE-GENERAL CIVIL DEFENCE, GOVERNMENT OF PAKISTAN, INTERIOR DIVISION, ISLAMABAD — Petitioner Versus Mian ABDUL SALAM — Respondent |
| Primary Law | Civil Servants Act (LXXI of 1973) |
Q1: What are the key laws and sections cited in 2007 PLP 1779 (SCMR)?
This judgment primarily cites: Civil Servants Act (LXXI of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1779 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar and Sardar Muhammad Raza Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1779 (SCMR) (DIRECTORATE-GENERAL CIVIL DEFENCE, GOVERNMENT OF PAKISTAN, INTERIOR DIVISION, ISLAMABAD — Petitioner Versus Mian ABDUL SALAM — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naheeda Mehboob Elahi, D.A.-G. with Muhammad Hanif, Acting Director, Arshad Ali Chaudhry, Advocate-on-Record (absent) for Petitioner.
- Abdur Rehman Siddiqui, Advocate Supreme Court with Ch. Muhammad Akram, Advocate-on-Record for Respondent.
Headnotes / Summary
(On appeal from the judgment, dated 26-3-2007 of the Federal Service Tribunal, Islamabad passed in Appeal No.1418(R)(C.S.) of 2003).
S. 13(1)(i)
Civil Procedure Code (V of 1908), Ss.79, 80 (1)(a) & O.XXVII, R.3
Constitution of Pakistan (1973), Art.212 (3)
Retirement of civil servant was set aside by Service Tribunal and he was reinstated in service
Judgment passed by Service Tribunal was assailed before Supreme Court, by Director-General of the department
Reinstatement of civil servant stood accepted by his competent authority/appointing authority or government
Had it not been so, the petition for leave to appeal would have been filed by Secretary Interior who, in view of Ss.70 and 80 (1)(a) read with O.XXVII, R.3 C.P.C., happened to be the `government' for the purposes of filing any petition, plaint or appeal in addition to his. being competent authority as well as appointing authority of civil servant
Director General of the department was neither `Government' nor appointing authority
Authority/government was not even made party to the petition despite the fact that in .appeal before Service Tribunal, Secretary Interior Division and Secretary Establishment Division were arrayed as respondents
Supreme Court declined to interfere .with the judgment passed by Service Tribunal., as petition for leave to appeal was not maintainable
Leave to appeal was refused
Judgment & Decree
SARDAR MUHAMMAD RAZA KHAN, J.
The Secretary Interior Division, Government of Pakistan vide No.9/32/2000 Security-I, dated 17-9-2003 notified the retirement from service of Mian Abdul Salam, the then Deputy Director (Publicity) Directorate-General Civil Defence, Islamabad. The retirement under section 13(1)(1) of the Civil Servants Act, 1973 based on three-fold ground mainly culminated into the fact that the officer had out lived his utility for further retention in service.
2. The retirement aforesaid was challenged before the Federal Service Tribunal, which, on 17-3-2007, reinstated him into service. Director-General, Civil Defence, Islamabad seeks leave to .appeal from the judgment aforesaid.
3. The reinstatement has been directed on the grounds; firstly, that Mian Abdul Salam had remained on extraordinary leave which if deducted from the total service, the residue comes to be less than 25 years, not qualifying for retirement under section 13(1)(i) of Civil Servants Act, 1973. It was further held by the tribunal that the service record of the respondent was never unsatisfactory to furnish a ground for retirement under the said section.
4. We have gone through the record with the assistance of the learned counsel on either side and are constrained to observe that our views are altogether different from what is held by the learned Tribunal, on all the three points related to the question of extraordinary leave, the service record of the respondent and the completion of period of 25 years of service.
5. Be that as it may, one cannot fail to observe that the reinstatement of the respondent stood accepted by his competent authority/appointing authority or the Government, as such. Had it been so, the instant petition would have been filed by the Secretary Interior who in view of sections 79-80(1)(a) read with Order XXVII, rule 3, C.P.C., happens to be the Government for the purposes of filing any petition, plaint or appeal, in addition to his being the competent authority as well as the appointing authority of the respondent. The petition in hand is filed by Director-General, Civil Defence who is neither the Government nor the appointing authority. The authority/ Government was even not made a party to the present petition despite the fact that in appeal before the Tribunal, Secretary Interior Division and Secretary Establishment Division were arrayed as respondents. The case, well-argued by the learned Deputy Attorney-General, seems to have fizzled out because of the non-maintainability of the petition. The petition is hereby dismissed as non-maintainable and leave to appeal declined. M.H./D-4/SC Petition dismissed.