2008 PLP 420 (SCMR)
UMAR DRAZ KHAN — Petitioner Versus P.I.A. through Chairman and others — Respondents
| Citation | 2008 PLP 420 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Iftikhar Muhammad Chaudhry, C.J., Abdul Hameed Dogar and Saiyed Saeed Ashhad, JJ |
| Parties | UMAR DRAZ KHAN — Petitioner Versus P.I.A. through Chairman and others — Respondents |
| Primary Law | Service Tribunals Act (LXX of 1973) |
Q1: What are the key laws and sections cited in 2008 PLP 420 (SCMR)?
This judgment primarily cites: Service Tribunals Act (LXX of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 420 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Iftikhar Muhammad Chaudhry, C.J., Abdul Hameed Dogar and Saiyed Saeed Ashhad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 420 (SCMR) (UMAR DRAZ KHAN — Petitioner Versus P.I.A. through Chairman and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Shoaib Shaheen, Advocate Supreme Court for Petitioners (in Civil Petitions Nos.717, 826 and 857 of 2006).
- Sh. Iftikhar Ahmed, Advocate Supreme Court for Petitioners (in Civil Petitions Nos.858, 859, 737 and 834 of 2006).
- Abdul Rehman Siddiqui, Advocate Supreme Court for Petitioners (in-Civil Petition No.819 of 2006).
- Raja Muhammad Asghar Khan, Advocate Supreme Court for Petitioners (in Civil Petition No.833 of 2006).
- Anwar Kamal, Advocate Supreme Court and Arshad Ali Ch., Advocate-on-Record for Respondents (in Civil Petition No.717 of 2006).
Headnotes / Summary
Ss. 2-A & 4
Removal from Service (Special Powers) Ordinance (XVII of 2000), S.3
Constitution of Pakistan (1973), Art.212(1)(a) & (3)
Appeals before Service Tribunal, pendency of
Employees of Government or Corporation
Removal or dismissal from service of such employees under Removal from Service (Special Powers) Ordinance, 2000
Effect of judgment of Supreme Court reported as PLD 2005 SC 602 on such pending appeals
Supreme Court granted leave to appeal, inter alia, to examine the effect of such judgment pertaining to interpretation of S.2-A of Service Tribunals Act, 1973 on such pending appeals as category of such employees was altogether different from category of employees, who had been removed under ordinary provisions of law of a Corporation, whereas in terms of S.2-A of the Service Tribunals Act, 1973, they were declared as civil servants.? Muhammad Mubeen-us-Salam v. Federation of Pakistan and others PLD 2006 SC 602 ref. Petitioners in person (in Civil Petitions Nos.841, 842, 843, 854, 855, 856, 763, 820 and 821 of 2006).
Judgment & Decree
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.
After hearing learned counsel for the petitioners, leave to appeal is granted, inter a1ia, to examine that what would be the effect of the judgment of this Court, dated 27-6-2006 pronounced in Civil Appeal No.792 of 2005 etc. Muhammad Mubeen-us-Salam v. Federation of Pakistan and others PLD 2006 SC 602, pertaining to the interpretation of section 2-A of the Service Tribunals Act, 1973, on those cases in which removal or dismissal had taken place under the Removal from Service (Special Powers) Ordinance, 2000 because according to learned counsel, the category of such employees is altogether different from the category of the employees who have been removed under the ordinary provisions of law of a Corporation etc. wherein in terms of section 2-A of the Service Tribunals Act, 1973, the employees were declared as the civil servants.
2. Office is directed to prepare these appeals on the present record subject to liberty to the parties to file additional documents, if need be.
3. As question raised in the cases is of important nature, therefore; all these appeals are ordered to be fixed together in the third week of November, 2006. S.A.K./U-1/SC??????????????????????????????????????????????????????????????????????????????????? Leave granted.