Pakistan Case LawMEHTAB GUL Versus COMMISSIONER, AFGHAN REFUGEES, PESHAWAR and another
This matter arises from a petition for leave to appeal filed by the petitioner, a former Store Keeper in the Afghan Refugees Organization, challenging the dismissal of his service appeal by the Federal Service Tribunal, Islamabad. The petitioner's services were terminated on January 1, 1994, and the Tribunal dismissed his appeal on the ground that he was a temporary employee in a temporary organization. The core legal question raised is whether an employee with more than ten years of service in the Afghan Refugees Organization is entitled to pensionary benefits under Rule 371-A of the Civil Service Regulations upon termination. The Supreme Court of Pakistan granted leave to appeal to consider this question of law of public importance, noting the petitioner's reliance on a previous unreported judgment of the Court.
- Whether an employee of a temporary organization with over ten years of service is entitled to pensionary benefits under Rule 371-A of the Civil Service Regulations?
- Does the termination of a temporary employee in a temporary organization bar claims for pensionary benefits after long service?
- Rule 371-A, Civil Service Regulations
ORDER
SAIDUZZAMAN SIDDIQUI, J.---The services of the petitioner, who was serving as Store Keeper (B-6) in the Afghan Refugees Orgnaization, Mardan, have been dispensed with on 1-1-1994. The petitioner challenged the above termination order before the Service Tribunal, Islamabad, in a Service Appeal which has been dismissed by the impugned judgment on the ground that not only the petitioner was a temporary employee of the Afghan Refugees Organization but that the office where petitioner was employeed was itself a temporary organization. The petitioner who is appearing in person has sought leave to appeal against the impugned judgment of Federal Service Tribunal, Islamabad.
In support of the petition, it is contended by the petitioner that he had I put in more than 10 years of service in Afghan Refugees Organization, and therefore, even if his termination from service was valid, he was entitled to pensionary benefits under Rule 371-A of Civil Service Regulations. Reliance is placed, in support of the contention, on an unreported judgment of this Court in Civil Appeal No, 574 of 1992 (Mir Ahmad Khan v. Secretary to Government and others) decided on 7-2-1994 (30-11- 1993).
The contention raises a question of law of public importance and we, accordingly, grant leave to appeal to consider the same. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Judges on this bench
- Saeeduzzaman Siddiqui1,222 judgments
- Mukhtar Ahmed Junejo485 judgments