UMAR DRAZ KHAN and 15 others vs P.I.A. through Chairman and others and 15 others
This matter concerns a petition for leave to appeal before the Supreme Court of Pakistan regarding the legal status and service protection of employees removed from service. The core legal question is whether the principles established in the Supreme Court judgment in Muhammad Mubeen-us-Salam v. Federation of Pakistan (PLD 2006 SC 602), which interpreted Section 2-A of the Service Tribunals Act, 1973, are applicable to employees dismissed or removed under the Removal from Service (Special Powers) Ordinance, 2000. The petitioners argue that employees removed under the Removal from Service (Special Powers) Ordinance, 2000 constitute a distinct category separate from those removed under ordinary corporate law provisions who were deemed civil servants via Section 2-A of the Service Tribunals Act, 1973. The Court granted leave to appeal to examine this distinction and the resulting legal effect of the precedent on these specific service matters. The Court ordered the appeals to be prepared and fixed for hearing, recognizing the significant nature of the legal question regarding the scope of service protections for employees of statutory corporations.
- Does the judgment in Muhammad Mubeen-us-Salam v. Federation of Pakistan regarding Section 2-A of the Service Tribunals Act 1973 apply to employees removed under the Removal from Service (Special Powers) Ordinance 2000?
- Are employees removed under the Removal from Service (Special Powers) Ordinance 2000 legally distinct from employees removed under ordinary corporate provisions for the purposes of civil servant status?
- Section 2-A, Service Tribunals Act 1973
- Removal from Service (Special Powers) Ordinance 2000
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- After hearing learned counsel for the petitioners, leave to appeal is granted, inter alia, 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.