MUHAMMAD NAVEED IQBAL vs WATER AND POWER DEVELOPMENT AUTHORITY
The petitioner, an employee of the Water and Power Development Authority (WAPDA), challenged the judgment of the Federal Service Tribunal, which had ordered his reinstatement following compulsory retirement for misconduct but denied him back-benefits. The petitioner sought leave to appeal under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973, arguing that the denial of back-benefits was legally unjustified given his wrongful removal from service. The Supreme Court examined the Tribunal's decision, which had left the determination of back-benefits open for the concerned authority to decide upon the conclusion of any departmental inquiry. The Court held that it found no reason to interfere with the discretion exercised by the Tribunal in this regard. Furthermore, the Court determined that the petition did not involve any question of law of public importance warranting interference under its constitutional jurisdiction. Consequently, the petition for leave to appeal was dismissed, affirming the Tribunal's approach of deferring the issue of back-benefits to the departmental authority.
- Whether the Supreme Court will interfere with the discretion of the Service Tribunal regarding the grant of back-benefits?
- Does a petition challenging the denial of back-benefits by a Service Tribunal necessarily involve a question of law of public importance?
- Can the Service Tribunal defer the decision on back-benefits to the departmental authority pending the outcome of an inquiry?
- Article 212(3), Constitution of the Islamic Republic of Pakistan 1973
- Pakistan WAPDA (E&D) Rules 1978
' MUHAMMAD NAWAZ ABBASI, J.---The petitioner, an employee of Water and Power Development Authority (WAPDA) was proceeded against for the charge of misconduct under Pakistan WAPDA (E&D) Rules, 1978 and was awarded the punishment of compulsory retirement from service vide order dated 15-7-1999. The departmental appeal filed by the petitioner was not decided within the statutory period and he approached the Federal Service Tribunal for redressal of his grievance. The Tribunal having dilated upon the matter in detail, allowed the appeal vide judgment dated 7-5- 2002 and directed re-instatement of the petitioner in service without back-benefits.
2. The petitioner through this petition under Article 212(3) of the. Constitution of Islamic Republic of Pakistan, 1973 has sought leave to appeal against the judgment of Service Tribunal to the extent of refusal of back-benefits.
3. Learned counsel for the petitioner has contended that since the petitioner was compulsorily retired from service without any legal justification, depriving him from the legitimate right of earning of livelihood, therefore, withholding the back-benefits was not proper and legal.
4. The perusal of the judgment of the Tribunal reveals that the Tribunal having considered the question relating to the grant of back-benefits to the petitioner, left it open for decision by the concerned authority on conclusion of the departmental inquiry, if any, therefore, we are not inclined to take any exception-to the discretion exercised by the Tribunal and further no question of law of public importance is involved in this petition for interference of this Court. This petition is, accordingly, dismissed.