Haji Peer Bakhsh vs Union Council Bolhari and others
This civil petition arises from a time-barred appeal filed by the petitioner before a tribunal concerning service matters against the Union Council Bolhari and others. The core legal question for consideration is whether a temporary employee of a Union Council, upon completion of ten years of service and subsequent superannuation, is entitled to pensionary benefits under the relevant pension rules. The Supreme Court of Pakistan granted leave to appeal to consider the contention raised regarding the entitlement of pensionary benefits for temporary local council employees completing the requisite qualifying service. The key principle contemplates the examination of statutory pension rules applicability to temporary public servants upon superannuation after long service.
- Whether a temporary employee of a Union Council on completion of 10 years service and superannuation is entitled to pensionary benefits under the West Pakistan Civil Services Pension Rules?
- Does an appeal barred by time before a service tribunal warrant the grant of leave to appeal when substantial questions of law regarding pensionary rights are raised?
- West Pakistan Civil Services Pension Rules
ORDER
1. MUHAMMAD NAWAZ ABBASI, J.--- The appeal of the petitioner before Tribunal was time barred.
2. However, the contention raised by the learned counsel that petitioner, a temporary employee of Union Council, on completion of 10 years service superannuated, would be entitled to the pensionary benefits under West Pakistan Civil Services Pension Rules, requires consideration. Leave is accordingly granted.