1992 PLP (C (PLC(CS))
MAZHAR ALI Versus FEDERATION OF PAKISTAN/PRESIDENT OF PAKISTAN through the
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rahman, Rustam S. Sidhwa and Muhammad Afzal Lone, JJ |
| Parties | MAZHAR ALI Versus FEDERATION OF PAKISTAN/PRESIDENT OF PAKISTAN through the |
| Primary Law | (b) Civil Servants Act (LXXI of 1973), (c) Civil service, (f) Punjab Service Tribunals Act (IX or 1974) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (b) Civil Servants Act (LXXI of 1973), (c) Civil service, (f) Punjab Service Tribunals Act (IX or 1974), (e) Civil service, (a) Constitution of Pakistan (1973), (d) Civil Servants Act (LXXI of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the High Court bench comprising: Shafiur Rahman, Rustam S. Sidhwa and Muhammad Afzal Lone, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (MAZHAR ALI Versus FEDERATION OF PAKISTAN/PRESIDENT OF PAKISTAN through the). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Manzur Ahmad, Advocate instructed by M. Aslam Chaudhry, Advocate-on-Record for Appellant.
- Aftab Iqbal Chaudhry, Deputy Attorney-General, instructed by Rao Muhammad Yusuf Khan, Advocate-on-Record for Respondents.
- Date of hearing: 16th December, 1991.
Headnotes / Summary
(On appeal from the judgment of Punjab Service Tribunal, dated 11-1-1988 passed in Appeal No.426/915 of 1986).
Art. 212(3)
Leave to appeal was granted to examine whether a civil servant of a Province could be so treated or dealt with as to be left with no lien on any post while being posted with the Federal Government.
S.2(1)(h)
Civil Services Rules (Punjab), Vol. I, Rr.3.13 to 3.17
Fundamental Rules 13, 14 & 14-A
Lien of permanent civil servant-- Termination
Lien of a permanent civil servant could not be terminated even with his consent; same could, however, be terminated only when he was confirmed against some other permanent post
Civil servant transferred from the Provincial Government to the Federal Government-- Nothing on record to indicate that he was confirmed under the Federal Government on any post
In absence of such material evidence, his lien would be retained with the Provincial Government and notwithstanding the non-specification of terms and conditions of his deputation, he would be deemed to be on deputation with the Federal Government and would thus, be excluded from the definition of civil servant under the Civil Servants Act, 1973-- President of Pakistan thus would not be the competent Authority for want of jurisdiction to direct either compulsory retirement of such civil servant or termination of his service.
Lien
Lien of permanent civil servant could not be terminated even with his consent; same could, however, be terminated only where he was confirmed against some other permanent post
Civil servant having been transferred from Provincial Government to Federal Government, nothing on record indicated that he was confirmed on any post by the Federal Government
Civil servant's lien in absence of such material or evidence. Would be retained with the Provincial Government and notwithstanding non- specification of terms and conditions of his deputation, he would be deemed to be on deputation with the Federal Government.
S.2(1)(h)
Civil servant on transfer from Provincial Government to Federal Government was not confirmed by the latter Government on any post under the Federal service
Such civil servant's lien would be retained with the Provincial Government notwithstanding non-specification of terms and conditions of his deputation with the Federal Government
Civil servant would thus, be excluded from the definition of civil servant under Civil Servants Act, 1973
Compulsory retirement of such civil servant on the order of President of Pakistan would be without jurisdiction and was set aside.
Where civil servant of Provincial Government was transferred to Federal Government on deputation and was subsequently retired compulsorily, question of limitation for redress of his grievance, would not come in between, because the Provincial Government all through treated him as its own employee and had dealt with him even during the pendency of appeal in a beneficial and befitting manner.
S.4
Compulsory retirement of civil servant
Civil servant, on deputation from Provincial Government to Federal Government was dismissed by the latter Government
Question of limitation would not come in between because Provincial Government all through treated such civil servant as its own employee and had dealt with him even during the pendency of appeal in a beneficial and befitting manner.
Judgment & Decree
S.2(1)(h)
Civil Services Rules (Punjab), Vol. I, Rr.3.13 to 3.17
Fundamental Rules 13, 14 & 14-A
Lien of permanent civil servant-- Termination
Lien of a permanent civil servant could not be terminated even with his consent; same could, however, be terminated only when he was confirmed against some other permanent post
Civil servant transferred from the Provincial Government to the Federal Government-- Nothing on record to indicate that he was confirmed under the Federal Government on any post
In absence of such material evidence, his lien would be retained with the Provincial Government and notwithstanding the non-specification of terms and conditions of his deputation, he would be deemed to be on deputation with the Federal Government and would thus, be excluded from the definition of civil servant under the Civil Servants Act, 1973-- President of Pakistan thus would not be the competent Authority for want of jurisdiction to direct either compulsory retirement of such civil servant or termination of his service. (c) Civil service
Lien
Lien of permanent civil servant could not be terminated even with his consent; same could, however, be terminated only where he was confirmed against some other permanent post
Civil servant having been transferred from Provincial Government to Federal Government, nothing on record indicated that he was confirmed on any post by the Federal Government
Civil servant's lien in absence of such material or evidence. Would be retained with the Provincial Government and notwithstanding non- specification of terms and conditions of his deputation, he would be deemed to be on deputation with the Federal Government. (d) Civil Servants Act (LXXI of 1973)
S.2(1)(h)
Civil servant on transfer from Provincial Government to Federal Government was not confirmed by the latter Government on any post under the Federal service
Such civil servant's lien would be retained with the Provincial Government notwithstanding non-specification of terms and conditions of his deputation with the Federal Government
Civil servant would thus, be excluded from the definition of civil servant under Civil Servants Act, 1973
Compulsory retirement of such civil servant on the order of President of Pakistan would be without jurisdiction and was set aside. (e) Civil service
Where civil servant of Provincial Government was transferred to Federal Government on deputation and was subsequently retired compulsorily, question of limitation for redress of his grievance, would not come in between, because the Provincial Government all through treated him as its own employee and had dealt with him even during the pendency of appeal in a beneficial and befitting manner. (f) Punjab Service Tribunals Act (IX or 1974)
S.4
Compulsory retirement of civil servant
Civil servant, on deputation from Provincial Government to Federal Government was dismissed by the latter Government
Question of limitation would not come in between because Provincial Government all through treated such civil servant as its own employee and had dealt with him even during the pendency of appeal in a beneficial and befitting manner. Sh. Manzur Ahmad, Advocate instructed by M. Aslam Chaudhry, Advocate-on-Record for Appellant. Aftab Iqbal Chaudhry, Deputy Attorney-General, instructed by Rao Muhammad Yusuf Khan, Advocate-on-Record for Respondents. Date of hearing: 16th December, 1991.