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Petitioner: MAQBOOL AHMAD QURESHI VS Respondent: GOVERNMENT OF PAKISTAN through Secretary, Law and Justice, Islamabad
2013 P L C (C.S.) 533
[Federal Shariat Court]
Before Shahzado Shaikh, Dr. Fida Muhammad Khan and Sheikh Ahmad Farooq, JJ
MAQBOOL AHMAD QURESHI
Versus
GOVERNMENT OF PAKISTAN through Secretary, Law and Justice, Islamabad and 4 others
Shariat Miscellaneous Application No.7/I of 2012, decided on 30th October, 2012.
Civil Servants Act (LXXI of 1973)---
----S. 17, Proviso (II)---Balochistan Civil Servants Act (IX of 1974), S.17, Proviso (II)---North-West Frontier Province Civil Servants Act (XVIII of 1973), S.17, Proviso (II)---Punjab Civil Servants Act (VIII of 1974), S.16, Proviso (II)---Sindh Civil Servants Act (XIV of 1973), S.18, Proviso (II)---Constitution of Pakistan, Art.203-DD---Repugnancy to Injunctions of Islam---Petitioner had stated that Proviso (II) of S.17 of Civil Servants Act, 1973, Proviso (II) of S.17 of Balochistan Civil Servant Act, 1974, Proviso (II) of S.17 of North-West Fronteir Province Civil Servants Act, 1973, Proviso (II) of S.16 of Punjab Civil Servants Act, 1974 and Proviso (II) of S.18 of Sindh Civil Servants Act, 1973 of law were being misused as reinstatement took lot of time, and beneficiaries of such decisions were being favoured with arrears of pay without any justification as a burden on the National Exchequer; that said provisions of law did not provide for automatic grant of arrears of intervening period between dismissal/removal/ reduction in rank, and restoration to the original position, but the authority vested under the law to make such an order, depending upon law, facts and circumstances could determine, questions relating to reinstatement etc., including restoration of original position in seniority, cadre, and post, treatment of intervening period as duty or leave and its kind e.g., extraordinary leave/without pay---Validity---No pertinent 'Nass' of Holy Quran and the Sunnah of the Holy Prophet (PBUH), having been quoted by the petitioner in support of his assertion/plea, petition was dismissed by the Federal Shariat Court.
Ayah 188 of Surah Baqrah (2-188) rel.
Petitioner in person.
ORDER
Petitioner Maqbool Ahmad Qureshi, who presented his case in person, stated that Proviso (II) of section 17, Civil Servant Act, 1973, Proviso (II) of section 17 of Balochistan Civil Servants Act, 1974, Proviso (II) of section 17 of North West Frontier Province Civil Servants Act, 1973, Proviso (II) of section 16 of Punjab Civil Servants Act, 1974 and Proviso (II) of section 18 of Sindh Civil Servants Act, 1973 are repugnant to the Injunctions of Islam. In support of his plea, he referred to Ayah 188 of Surah Baqrah (2-188), the translation of which is given as under:---
And do not eat up your property among yourselves for vanities, nor use it as bail for the judges, with intent that ye may eat up wrongfully and knowingly a little of (other) people's property.
He was of the view that the above referred provisions of law are being misused as reinstatement takes lot of time and beneficiaries of such decisions are being favoured with arrears of pay without any justification as a burden on the exchequer.
It was pointed out to the petitioner that Proviso (II) of section 17, Civil Servant Act, 1973, Proviso (II) of section 17 of Balochistan Civil Servants Act, 1974, Proviso (II) of section 17 of North-West Frontier Province Civil Servants Act, 1973, Proviso (II) of section 16 of Punjab Civil Servants Act, 1974 and Proviso (II) of section 18 of Sindh Civil Servants Act, 1973 do not provide for automatic grant of arrears of the intervening period between dismissal/removal/reduction in rank and restoration to the original position but the Authority vested under the law to make such an order, depending upon law, facts and circumstances may determine, inter alia, questions relating to reinstatement etc., including restoration to original position in seniority, cadre, and post, treatment of intervening period as duty or on leave and its kind e.g., extraordinary leave/without pay.
This Proviso infact involves multiple laws and their provisions which are considered by the competent forum/court. Any how since the pertinent Nass of the Holy Quran or the Sunnah of the Holy Prophet (PBUH) has not been quoted in support of the assertion/plea, the Shariat Miscellaneous Application No.7/I of 2012 is dismissed in limine.
HBT/26/FSC Application dismissed.