SCMR 1994

1994 PLP 1653 (SCMR)

GOVERNMENT OF N.‑W.F.P. through Secretary, Law, Peshawar‑‑Petitioner Versus MUHAMMAD ASLAM KHAN ASSISTANT ADVOCATE‑GENERAL, N.‑W.F.P., ABBOTTABAD‑‑Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Appeal No. 369 to 373 of 1985 decided on 22‑12‑1990 fol.
Honorable Judges
Saeeduzzaman Siddiqui and Wali Muhammad Khan, JJ
Case Reference Summary (AEO Optimized)
Citation 1994 PLP 1653 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Saeeduzzaman Siddiqui and Wali Muhammad Khan, JJ
Parties GOVERNMENT OF N.‑W.F.P. through Secretary, Law, Peshawar‑‑Petitioner Versus MUHAMMAD ASLAM KHAN ASSISTANT ADVOCATE‑GENERAL, N.‑W.F.P., ABBOTTABAD‑‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1994 PLP 1653 (SCMR)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1994 PLP 1653 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saeeduzzaman Siddiqui and Wali Muhammad Khan, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1994 PLP 1653 (SCMR) (GOVERNMENT OF N.‑W.F.P. through Secretary, Law, Peshawar‑‑Petitioner Versus MUHAMMAD ASLAM KHAN ASSISTANT ADVOCATE‑GENERAL, N.‑W.F.P., ABBOTTABAD‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • M.Sardar Khan, Advocate‑General, N: W.F.P. and Haji MA. Qayum, Advocate‑on‑Record (absent) for Petitioner.
  • Nemo for Respondent.
  • Date of hearing: 6th December 1992.
  • MUHAMMAD ASLAM KHAN ASSISTANT ADVOCATE‑GENERAL, N.‑W.F.P., ABBOTTABAD‑‑Respondent
  • SAEEDUZZAMAN SIDDIQUI, J.‑‑‑Government of N.‑W.F.P. through Secretary, Law Department, has filed above petition seeking leave to appeal against the Order of N.‑W.F.P. Service Tribunal dated 27‑5‑1992 whereby the learned Tribunal accepted the appeal of the respondent and, allowed his previous service for the period from 10‑2‑1967 to 30‑12‑1979 to be counted for determining his gratuity and pensionary benefits. In allowing the appeal of the respondent the learned Service Tribunal relied on the decision of this Court in Appeals Nos. 369 to 373 of 1985 decided on 22‑12‑1990. The learned Advocate‑General, N.‑W.F.P., appearing for the petitioner is unable to advance any argument to persuade us to take a different view in the present case. We, accordingly, find no force in this petition, which is, accordingly, dismissed. Leave to appeal is refused.

Headnotes / Summary

(From the judgment of Service Tribunal N.‑W.F.P. Peshawar, dated 27‑5‑1992, passed in Appeal No. 185 of 1991). Constitution of Pakistan (1973)‑‑‑ ‑‑‑‑Art. 212(3)‑‑‑Service Tribunal while accepting civil servant's appeal had allowed his previous service for specified period to be counted for determining his gratuity and pensionary benefits‑‑‑Appellants could not advance any argument for taking a different view in the matter‑‑‑Service Tribunal's finding being correct and supported by precedent of Supreme Court on the subject, called for no interference‑‑‑Leave to appeal was refused in circumstances.

Judgment & Decree

SAEEDUZZAMAN SIDDIQUI, J.‑‑‑Government of N.‑W.F.P. through Secretary, Law Department, has filed above petition seeking leave to appeal against the Order of N.‑W.F.P. Service Tribunal dated 27‑5‑1992 whereby the learned Tribunal accepted the appeal of the respondent and, allowed his previous service for the period from 10‑2‑1967 to 30‑12‑1979 to be counted for determining his gratuity and pensionary benefits. In allowing the appeal of the respondent the learned Service Tribunal relied on the decision of this Court in Appeals Nos. 369 to 373 of 1985 decided on 22‑12‑1990. The learned Advocate‑General, N.‑W.F.P., appearing for the petitioner is unable to advance any argument to persuade us to take a different view in the present case. We, accordingly, find no force in this petition, which is, accordingly, dismissed. Leave to appeal is refused. AA./G 429/S Leave refused.