Haji PEER BAKHSH vs UNION COUNCIL BOLHARI and others
This civil petition for leave to appeal arises from a service matter concerning the entitlement of a temporary employee of a Union Council to pensionary benefits. The core legal question is whether a temporary employee who has completed ten years of service and superannuated is entitled to pensionary benefits under the applicable pension rules, notwithstanding that the departmental appeal before the Tribunal was time-barred. The Supreme Court of Pakistan held that the contention regarding entitlement to pensionary benefits upon completion of ten years of service requires deeper consideration by the court. Consequently, the Court granted leave to appeal to examine the matter on merits.
- Whether a temporary employee of a local body is entitled to pensionary benefits upon completing ten years of service and superannuating?
- Does the dismissal of a service appeal on the ground of being time-barred preclude the Supreme Court from granting leave to consider substantial questions of law regarding pensionary rights?
- 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.