1995 PLP 888 (SCMR)
MEHTAB GUL‑‑‑Petitioner Versus COMMISSIONER, AFGHAN REFUGEES, PESHAWAR and another‑‑‑Respondents
| Citation | 1995 PLP 888 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | N/A |
| Parties | MEHTAB GUL‑‑‑Petitioner Versus COMMISSIONER, AFGHAN REFUGEES, PESHAWAR and another‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 888 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 888 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 888 (SCMR) (MEHTAB GUL‑‑‑Petitioner Versus COMMISSIONER, AFGHAN REFUGEES, PESHAWAR and another‑‑‑Respondents). 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)/94). ‑‑‑‑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 organization‑‑ 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. 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 Orgnaization, 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 Organization but that the office where petitioner was employeed was itself a temporary organization. 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 Organization, 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 Leave granted.