2011 PLP (C (PLC(CS))
DIRECTOR-GENERAL, MILITARY LAND AND CANTONMENT DEPARTMENT and another Versus Dr. Capt. NAZEER AHMED BALOCH
| Citation | 2011 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Hamid Ali Mirza and Muhammad Nawaz Abbasi, JJ |
| Parties | DIRECTOR-GENERAL, MILITARY LAND AND CANTONMENT DEPARTMENT and another Versus Dr. Capt. NAZEER AHMED BALOCH |
| Primary Law | Compulsory Service in the Armed Forces Ordinance (XXXI of 1971) |
Q1: What are the key laws and sections cited in 2011 PLP (C (PLC(CS))?
This judgment primarily cites: Compulsory Service in the Armed Forces Ordinance (XXXI of 1971) 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: Hamid Ali Mirza and Muhammad Nawaz Abbasi, 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)) (DIRECTOR-GENERAL, MILITARY LAND AND CANTONMENT DEPARTMENT and another Versus Dr. Capt. NAZEER AHMED BALOCH). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhlaq Ahmed Siddiqui, Advocate-on-Record/Advocate Supreme Court for Petitioner.
- Nemo for Respondent.
- Date of hearing: 22nd July, 2008.
Headnotes / Summary
(On appeal from the judgment dated 7-9-2002 in Appeal No.273(K)(CS) of 2000 passed by the Federal Service Tribunal).
S. 9-A [as inserted by Compulsory Service in the Armed Forces (Amendment) Act (XXXVI of 1976)]
Medical Officer in Armed Forces
Release of such Officer from service of Armed Forces and his entering service of Federal Government
Effect
Seniority and pay of such officer would be fixed without break with continuity of his service rendered in Armed Forces
Judgment & Decree
HAMID ALI MIRZA, J.
This civil petition for leave to appeal is directed against the judgment dated 7-9-2002 in Appeal No.273(K)(CS) of 2000 passed by learned Federal Service Tribunal at Karachi, whereby the said appeal of the respondent was allowed and it was ordered that the respondent's case being identical to that of Appeal No.296-K of 1997 following the rule of consistency directed his seniority and fixation of pay without break be made with continuity of service as envisaged in the letter dated 6-6-1995 having been issued in terms of the legal provisions contained in section 9-A of the amended Ordinance XXXI of 1971 awarding all benefits in view of the letter dated 6-6-1995.
2. Facts of the case need note be reiterated as the same have been stated in the memo. of petition as well as in the impugned judgment.
3. We have heard Mr. Akhlaq Ahmad Siddiqui, learned counsel for the petitioner and perused the record.
4. Learned counsel submits that the impugned judgment cannot be sustained as the petitioners in view of the rule of locus poneitentiae recalled the order, therefore the respondent would not be entitled to benefits as awarded to other such employees who had served the Army in view of section 9-A of the amended Ordinance and as per subsequent letter dated 6-6-1995.
5. We do not find merit and substance in the said contention. 6 Learned Service Tribunal in the impugned judgment has rightly held in paras 6 to 8 of the impugned judgment that the respondent was entitled such benefits and seniority under the law which prevailed at the relevant time. Learned Tribunal has given cogent and valid reasons in support, of the appeal of the respondents which did not call for our interference under the constitutional jurisdiction of this Court, considering also that no substantial question of law of public importance is involved, hence case for leave to appeal is made out, consequently leave to appeal is declined and the petition is dismissed. S.A.K./D-4/SC. Leave refused.