1994 PLP (C (PLC(CS))
DIRECTOR‑GENERAL, PAKISTAN RANGERS, LAHORE Versus RJ 3609 EX INSPECTOR MUHAMMAD ZUBAIR
| Citation | 1994 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Ajmal Mian and Saeeduzzaman Siddiqui, JJ |
| Parties | DIRECTOR‑GENERAL, PAKISTAN RANGERS, LAHORE Versus RJ 3609 EX INSPECTOR MUHAMMAD ZUBAIR |
Q1: What are the key laws and sections cited in 1994 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Ajmal Mian and Saeeduzzaman Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP (C (PLC(CS)) (DIRECTOR‑GENERAL, PAKISTAN RANGERS, LAHORE Versus RJ 3609 EX INSPECTOR MUHAMMAD ZUBAIR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ejaz Ahmed Chaudhry, Dy. A: G. with Rana Maqbool A. Qadri, Advocate‑on‑Record (absent) for Petitioner.
- Nemo for Respondent.
- Date of hearing: 17th October, 1993.
Headnotes / Summary
(On appeal from the judgment of Federal Service Tribunal, dated 3‑3‑1993, passed in Appeal No. 112(L)/92). Pakistan Rangers Ordinance (XIV of 1959)‑‑‑ ‑‑‑‑S. 15(1)(c)‑‑‑Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967, R. 4‑‑‑Civil Servants Act (LXXI of 1973), S. 1(3)‑‑‑Government Servants (Efficiency and Discipline) Rules, 1973, R. 4‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Member of Pakistan Rangers Force‑‑‑Compulsory retirement from service‑‑‑Service Tribunal allowing appeal of employee on ground that order of compulsory retirement from service was passed under S. 15(1)(c), Pakistan Rangers Ordinance, 1959 and not under Government Servants (Efficiency and Discipline) Rules, 1973, which applied to such employee‑‑ Validity‑‑‑Leave to appeal was granted to examine; whether service of employee of Pakistan Rangers was governed under the provisions of Pakistan Rangers Ordinance, 1959 and Rules made thereunder which override provisions of Civil Servants Act, 1973 and Rules made thereunder; whether order of compulsory retirement from service having been passed strictly in accordance with provisions of S.15, Pakistan Rangers Ordinance, 1959, it could not be interfered with by Service Tribunal on ground that such order should have been passed in accordance with provisions of Government Servants (Efficiency and Discipline) Rules, 1973; and also to consider the conflict in the opinion of Members of Service Tribunal as in Khurshid Ahmad's case 1984 PLC (C.S.) 12, whereby Service Tribunal took the view that employees of Pakistan Rangers Force were governed by the Pakistan Rangers (Efficiency, Discipline and Appeal) Rules, 1967, which have ascendency over the .Government Servants (Efficiency and Discipline) Rules, 1967. Khursheid Ahmed v. Director‑General, Pakistan Rangers 1984 PLC (C.S.) 12 ref.
Judgment & Decree
SAEEDUZZAMAN SIDDIQUI, J: ‑Respondent Muhammad Zubair, who was member of Desert Rangers, was retired compulsorily from his service by order dated 17‑12‑1991 passed by Deputy Director‑General, Pakistan Rangers Headquarters, Lahore. He preferred a departmental appeal against his compulsory retirement and having failed to get redress from the departmental authority approached the Federal Service Tribunal, Islamabad through Service Appeal No. 112(L)/92. The learned Service Tribunal without entering into the merits of the case allowed the appeal of respondent on the ground that the order of compulsory retirement of respondent from service was passed 'under section 15(A‑1) of the Pakistan Rangers Ordinance, 1959 (hereinafter to be referred as the Ordinance only) and not under the provisions of Government Servants (Efficiency and Discipline) Rules, 1973, which applied to the respondent. The department has sought leave to appeal against the above order of Federal Service Tribunal and it is contended by the learned Deputy Attorney‑General on behalf of the petitioner that the service of respondent was governed under the provisions of the Ordinance and the Rules made thereunder which override the provisions of Civil Servants Act, 1973 and the Rules made thereunder by virtue of section 1(3) of the Ordinance. It is also contended by the learned Deputy Attorney‑General that the order of compulsory retirement of respondent from service having been passed strictly in accordance with the provisions of section 15 of the Ordinance it could not be interfered with by the Service Tribunal on the ground that it should have been passed in accordance with the provisions of Government Servants (Efficiency and Discipline) Rules, 1973. There also appears to be a conflict in the opinion of Members of Federal Service Tribunal as in the case reported as Khursheid Ahmed v. Director‑General, Pakistan Rangers (1984 PLC (C.S.) 12) the Tribunal took the view that employees of Pakistan Rangers Force are governed by the Pakistan Rangers (E & D) Rules, 1967 framed under the Ordinance, which has ascendancy over the Government Servants (Efficiency and Discipline) Rules, 1973. The question raised in the above petition is of substantial importance and it also requires an authoritative pronouncement from this Court to resolve the conflict of opinion. Leave is, accordingly, granted to consider the above contentions. AA./D‑100/S Leave granted.