Umar Daraz Khan And Other Umar Daraz Khan Muhammad Ghous Malik Muhammad Ashfaq Fazal-E-Qadir Faizul Amin Muhammad Ghous Malik Muhammad Usman Ghani Rao Farhat Aziz Shah Mohyuddin Hashmi Dr. Muhammad Fufail Hashmi Muhammad Anjum Malik Abdul Qayyum vs
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging employment-related dismissals and removals. The core legal question concerns the effect and applicability of the Supreme Court judgment in Muhammad Mubeen-us-Salam v. Federation of Pakistan (PLD 2006 SC 602) regarding Section 2-A of the Service Tribunals Act, 1973, on cases where employees were removed or dismissed under the Removal from Service (Special Powers) Ordinance, 2000, distinguishing them from employees removed under ordinary corporate laws who were declared civil servants under Section 2-A. Granting leave to appeal, the Court held that the legal effect of the precedent on employees proceeded against under the special ordinance requires detailed examination due to the distinct categories of employment. The Court laid down that questions regarding the interplay between the Removal from Service (Special Powers) Ordinance, 2000 and Section 2-A of the Service Tribunals Act, 1973 necessitate a comprehensive hearing of appeals.
- What is the effect of the judgment in Muhammad Mubeen-us-Salam v. Federation of Pakistan on cases where removal or dismissal took place under the Removal from Service (Special Powers) Ordinance, 2000?
- Does the category of employees removed under the Removal from Service (Special Powers) Ordinance, 2000 differ from employees covered under Section 2-A of the Service Tribunals Act, 1973?
- Section 2-A, Service Tribunals Act 1973
- Removal from Service (Special Powers) Ordinance 2000
ORDER
IFTIKHAR MUHAMMAD CHAUDHRY, CJ, After having 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 Tribunal Act, 1973, on those cases in which removal of 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 an important nature, therefore, all these appeals are ordered to be fixed together in the third week of November, 2006.