2011 PLP (C (PLC(CS))
GUL WALI Versus GOVERNMENT OF N.-W.F.P. through Secretary Local Council Board, Peshawar and others
| Citation | 2011 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Raja Fayyaz Ahmed and Ch. Ijaz Ahmed, JJ |
| Parties | GUL WALI Versus GOVERNMENT OF N.-W.F.P. through Secretary Local Council Board, Peshawar and others |
| Primary Law | North-West Frontier Province Service Tribunals Act (I of 1974) |
Q1: What are the key laws and sections cited in 2011 PLP (C (PLC(CS))?
This judgment primarily cites: North-West Frontier Province Service Tribunals Act (I of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Raja Fayyaz Ahmed and Ch. Ijaz Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP (C (PLC(CS)) (GUL WALI Versus GOVERNMENT OF N.-W.F.P. through Secretary Local Council Board, Peshawar and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi M. Anwar, Senior Advocate Supreme Court for Petitioner.
- Nemo for Respondents Nos.1-2:
- Niaz Ahmed Rathore, Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for Respondents Nos.3 to 5.
- 4. When confronted with this position, learned counsel for respondents Nos.3 to 6 under instructions stated that the Service Tribunal had no jurisdiction to declare the service of the petitioner void or illegal in view of the prayer which was made before it. However, he placed reliance on the case of Dr. Naveed Tufail and others v. Government of the Punjab and others 2003 SCMR 291. Thus, he agreed to the setting aside of the impugned judgment and the case, therefore, to be sent back to the Department considering that petitioner Gul Wali is in the service as above noted and the Nazim shall be at liberty to deal with the issue according to the service rules with regard to payment of salary as well as his status to work as P.A. to Tehsil Nazim. Learned counsel for the petitioner has expressed no objection.
Headnotes / Summary
(On appeal from the judgment, dated 24-2-2008 of the N.-W; F. P. Service Tribunal, Islamabad passed in Appeal No.333 of 2008).
S. 4
Constitution of Pakistan, Art.212(3)
Petitioner who was recruited as Personal Assistant, having not been paid salary and remuneration for the period during which he was posted, he approached Service Tribunal for redressal of his grievance
Service Tribunal instead of granting relief prayed for by the petitioner, declared that his appointment was illegal and void ab initio and as a result thereof his services were terminated
Even counsel for the authorities had stated that the Service Tribunal had no jurisdiction to declare the service of the petitioner void or illegal and agreed to the setting aside of impugned judgment; and that case be sent back to the department
Petition was converted into appeal and impugned order was set aside
Petitioner/appellant would be deemed to be continuously in service and his right to salary for the period for which he had served the department, would be addressed with by the competent authority. Dr. Naveed Tufail and others v. Government of the Punjab and others 2003 SCMR 291 ref.
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
This petition has been filed for leave to appeal against the judgment dated 24-1-2008 of the N.-W.F.P. Service Tribunal, Peshawar.
2. Precisely stating the facts of the case relevant for disposal of instant petition are that Gul Wali petitioner was recruited as Personal Assistant to Tehsil Nazim, Lukki Marwat but he was not paid salary and remunerations for the period during which he was posted, therefore, he approached Service Tribunal for redressal of his grievance but surprisingly the Service Tribunal instead of granting relief prayed for by him declared that his appointment is illegal and void ab initio, as a result whereof his services were terminated, hence; the instant petition has been filed.
3. Learned counsel for the petitioner vehemently contended that as far as the salary of an employee is concerned, it is his fundamental right in terms of Article 9 of the Constitution of Islamic Republic of Pakistan, which guarantees protection of the life and security of a person but the Service Tribunal, instead of granting relief for which he approached, has illegally directed that the very appointment of the petitioner is void ab initio.
4. When confronted with this position, learned counsel for respondents Nos.3 to 6 under instructions stated that the Service Tribunal had no jurisdiction to declare the service of the petitioner void or illegal in view of the prayer which was made before it. However, he placed reliance on the case of Dr. Naveed Tufail and others v. Government of the Punjab and others 2003 SCMR
291. Thus, he agreed to the setting aside of the impugned judgment and the case, therefore, to be sent back to the Department considering that petitioner Gul Wali is in the service as above noted and the Nazim shall be at liberty to deal with the issue according to the service rules with regard to payment of salary as well as his status to work as P.A. to Tehsil Nazim. Learned counsel for the petitioner has expressed no objection.
5. Thus, for the foregoing reasons, this petition is converted into appeal and the impugned judgment is set aside as a result whereof the appellant shall be deemed to be continuously in service of the Local Government and his right to salary for the period for which he has served the department shall be addressed with by the competent authority. As far as the, status of the petitioner to continue as P.A. to Tehsil Nazim is concerned, it shall also be considered in accordance with the rules.
6. Accordingly, the appeal is allowed leaving the parties to bear their own costs. H.B.T./G-28/SC Appeal allowed.