2007 PLC (C (PLP)
DIRECTOR GENERAL, MILITARY LAND AND CANTONMENT DEPARTMENT and another Versus Dr. Capt. NAZEER AHMED BALOCH
| Citation | 2007 PLC (C (PLP) |
| 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 2007 PLC (C (PLP)?
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 2007 PLC (C (PLP)?
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: 2007 PLC (C (PLP) (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 Petitioners.
- Nemo for Respondent.
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, Karachi).
Ss. 4, 9 & 9-A
Constitution of Pakistan (1973), Art. 212(3)
Service in Army on the basis of notice under S.4 of Compulsory Service in the Armed Forces Ordinance, 1971
Termination of service of civil servant by Army
Refusal of parent department to fix without break seniority and pay of civil servant
Service Tribunal found civil servant entitled to all such benefits under the law prevalent at relevant time
Impugned judgment did not call for interference
Supreme Court dismissed petition and refused leave to appeal.
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(D)(C.S.) 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 respondents 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 not 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 poenitoniae recalled the order, therefore the respondents would not be entitled to benefits as awarded to other such employees who had served the many, 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 to all 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 respondent which did not call for our interference under the constitutional jurisdiction of this Court, considering also that the constitutional question of law of public importance is involved, hence no case for leave to appeal is made out, consequently leave to appeal is declined and the petition is dismissed. S.A.K./D-21/SC Leave refused.