Full Judgment Text & Judicial Ruling

2003 P L C (C

2003 P L C (C.S.) 998

[Supreme Court of Pakistan]

Present: Sh. Riaz Ahmed, CJ., Mian Muhammad Ajmal and Muhammad Nawaz Abbasi, JJ

Ch. ABDUL REHMAN

Versus

WATER AND POWER DEVELOPMENT AUTHORITY through Chairman, WAPDA House, Lahore and 3 others

Civil Petition No.781 of 2002, decided on 18th November, 2002.

(On appeal from the judgment of Federal Service Tribunal dated 7-5-2002 passed in Appeal No.855(L)(CS) of 2000).

West Pakistan Water and Power Development Authority Act (XXXI of 1958)---

----S.17(1-A)---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Reinstatement in service without back benefits---Retirement from service during pendency of appeal before Departmental Authorities---Employee on the charge of misconduct was awarded punishment of withholding of promotion for next three years___ During pendency of appeal before Departmental Authorities, the employ was retired from service under S.17(1-A) of West Pakistan Water and Power Development Authority Act, 1958---Employee being unsuccessful before Departmental Authorities, and upon his such retirement, filed appeal before Service Tribunal---Appeal was allowed by Service Tribunal and he was reinstated in service without back-benefits---Contention of the employee was that the retirement was not legal and he was wrongly deprived of his legitimate right of earning of livelihood, therefore, he was entitled to back benefits---Validity---Service Tribunal having considered the question relating to grant of back-benefits in detail had found the employee not entitled to such relief---Supreme Court declined to take any exception to the discretion exercised by the Service Tribunal---No question of public importance was involved in the petition for interference of Supreme Court---Leave to appeal was refused.

Syed Ali Hussain Gilani, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner.

Muhammad Nawaz Bhatti, D.A.-G. for Respondents.

Date of hearing: 18th November, 2002.

JUDGMENT

MUHAMMAD NAWAZ ABBASI, J.-----The petitioner an employee of Water and Power .Development Authority (WAPDA) was proceeded against under WAPDA (Efficiency and Discipline) Rules, 1978 for the charge of misconduct and was awarded the punishment of withholding next promotion for a period of three years. The petitioner after availing the departmental remedies, filed an appeal before the Service Tribunal and pending disposal of the appeal, he was retired from service under section 17(1-A)(a) of Pakistan WAPDA Act, 1958, which is read as under:-

"(1-A) Notwithstanding anything contained in subsection (1) or any law, settlement or award for the time being in force, or any rules or regulations issued by the Authority, or in the terms and conditions of Service of any person employed by, or serving under, the Authority, the Authority may, at any time

(a) retire from its service any person without assigning any reason; or

(b) ."

2. The departmental appeal preferred by the petitioner against his retirement was not decided within the statutory period, therefore, he approached the Federal Service Tribunal for redressal of his grievance. The Tribunal having considered the matter in detail, allowed the appeal vide judgment dated 7-5-2002 and passed the order of reinstatement of the petitioner in service without the back-benefits and directed that petitioner would be treated on leave during the period he remained out of service.

3. 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 relief of back-benefits.

4. Learned counsel for the petitioner has contended that. the retirement of the petitioner from service being not legal, he was wrongly deprived of his legitimate right of earning of livelihood, therefore, he was entitled to the grant of back-benefit.

5. The perusal of the impugned judgment would show that the Tribunal having considered the question relating to the grant of back-benefits in detail, found the petitioner not entitled to such relief. We cannot 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, therefore, this petition is dismissed. Leave is refused.

M.H./A-367/S Leave refused.

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