Haji PEER BAKHSH vs UNION COUNCIL, BOLHARI and others
This civil petition for leave to appeal arises out of a service matter where the petitioner's departmental appeal before the Tribunal was dismissed as time-barred. The core legal question for consideration before the Supreme Court 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. Granting leave to appeal, the Court held that the contention regarding the entitlement of pensionary benefits for a temporary employee with ten years of service requires deeper consideration. The key principle laid down is that the claim for pensionary benefits by a long-serving temporary employee warrants a comprehensive examination on merits by the appellate forum despite questions of limitation.
- Whether a temporary employee of a Union Council on completion of 10 years of service and superannuation is entitled to pensionary benefits under the West Pakistan Civil Services Pension Rules?
- Does a time-barred appeal before the Service Tribunal warrant leave to appeal when a substantial question of statutory pensionary entitlement is 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 pensioner benefits under West Pakistan Civil Services Pension Rules, requires consideration. Leave is accordingly granted.
Cited by 1 case
- NAZAR HUSSAIN vs SECRETARY, STATE & FRONTIER REGIONS DIVISION, GOVERNMENT OF APKISTAN, ISLAMABAD and 2 others 2016 PLJ Tr.C. (Services) 40