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Petitioner: MST. KHUB-UN-NISA VS Respondent: ENGINEER-IN-CHIEF'S BRANCH G.H.Q., RAWALPINDI
2001 P L C (C
2001 P L C (C.S.) 961
[Supreme Court of Pakistan]
Present: Munawar Ahmed Mirza and Khalil-ur-Rehman Khan, JJ
Mst. KHUB-UN-NISA
versus
ENGINEER-IN-CHIEF S BRANCH G.H.Q., RAWALPINDI and 3 others
Civil Petition for Leave to Appeal No.89-K of 1996, decided on 4th June, 1997.
(On appeal from the judgment of Federal Service Tribunal, dated 24-12-1995 passed in Appeal No.81-K of 1995 (148-K of 1995)).
Government Servants (Efficiency and Discipline) Rules, 1973---
----R.4---Civil Servants Act (LXXI of 1973), S.19---Constitution of Pakistan (1973), Art.212(3)---Removal from service---Payment of pension---Civil servant was removed from service on the ground of unauthorised absence and order of his removal was upheld by Service Tribunal- --Supreme Court, in view of serious illness of civil servant had observed that order of removal seemed to be harsh and that Authority should consider his case sympathetically and should grant him disability pension---Authority undertook to pay to civil servant 2/3rd of pension on account of permanent disability suffered by him---Civil servant being satisfied with the undertaking, agreed not to press his petition any further---Petition for leave to appeal was disposed of accordingly.
A.A. Siddiqui, Advocate-on-Record for Petitioner.
Mubarak Hussain Siddiqui, Deputy Attorney-General for Respondents.
Date of hearing: 4th June, 1997.
ORDER
MUNAWAR AHMED MIRZA, J.--The husband of petitioner Mst. Khub-un-Nisa namely, Fazal Din (now deranged) was employed in Military Engineering Services (MES) as Carpenter. He suffered from serious ailment and was removed from service vide order dated 3-10-1992 with effect from 23-4-1992. The representation filed by the petitioner brought no fruit, therefore, eventually she filed appeal before Federal Service Tribunal which was also dismissed vide judgment dated 24-1-1995. The above decision has been assailed through this petition for leave to appeal.
2. The case was earlier taken up on 25-4--1997 and the learned Judges of the Bench observed that "prima facie it appears that there was justifiable reason for Fazal Din of being absent from duty, after having last his mental balance. In the above factual background the order of removal seems to be harsh, we would, therefore, observe that the department should consider his case sympathetically and should grant disability pension and/or any other benefit, if it is possible under the rules." A report was directed to be submitted to this Court within a month as to the action taken by the department.
3. In compliance with the direction, the respondents submitted its report on 30-5-1997. In paragraph 4 of the reply it has been categorically undertaken that respondents are prepared to pay 2/3rd of the pension on account of permanent disability suffered by said Fazal Din as admissible under the rules. Paragraph 4 of the reply/report is reproduced below:--
"In view of the above, it is respectfully submitted that the petitioner's husband had been removed from service under Government Servants (E&D) Rules, 1973 on the ground of unauthorised absence. According to subsection (3) of section 19 of Civil Servants Act, 1973, he cannot be granted any kind of pension or Gratuity. However, as a special case and on humanitarian ground, only compassionate allowance, at the rate of two-thirds of the pension or gratuity, which would have been admissible to him, had he been invalidated from service on the date of his removal, can be granted to him. Such case is under process and will be prepared/submitted onward within due course of time for sanction of competent authority."
4. The petitioner is satisfied with the aforesaid undertaking and does not press the petition any further. However, request was made to ensure early payment of pension and other dues. We, therefore, direct that learned Deputy Attorney-General appearing for the respondents/departments shall arrange payment of pension from the date of removal of the husband of petitioner viz 23-4-1992 with utmost promptitude.
5. The petition is disposed of accordingly.
H.B.T./K-36/S Order accordingly.