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Petitioner: ANWAR PARVEZ VS Respondent: CHAIRMAN, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, ABBOTTABADHonorable Justice SARDAR MUHAMMAD RAZA KHANKhushdil Khan, Advocate Supreme Court with Mir Adam Khan,Malik Manzoor Hussain
2005 P L C (C
2005 P L C (C.S.) 1382
[Supreme Court of Pakistan]
Present: Sardar Muhammad Raza Khan and Nasir-ul-Mulk, JJ
ANWAR PARVEZ versus CHAIRMAN, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, ABBOTTABAD and 2 others
Civil Petition No.37-P of 2004, decided on 24th June, 2005.
(On appeal from the judgment dated 19-12-2003 passed by N.-W.F.P. Service Tribunal, Peshawar in Service Appeal No.502 of 2003).
North-West Frontier Province Removal from Service (Special Powers) Ordinance (V of 2000)---
----Ss. 3 & 10---North-West Frontier Province Civil Servants Act (XVIII of 1973), S.2(b)---Constitution of Pakistan (1973), Art.212(3)---Compulsory retirement of employee of a statutory body---Appeal of such employee was dismissed by the Service Tribunal on the ground that under S.2(b) of the N.-W.F.P., Civil Servants Act, 1973 he being an employee of the Board of Secondary Education, was not a civil servant---Validity---Compulsory retirement was ordered under S.3, N.-W.F.P. Removal from Service (Special Powers) Ordinance, 2000 and S.10, thereof, dealing with appeals, had categorically laid down that notwithstanding anything contained in any other law for the time being in force, any person aggrieved by any final order shall prefer appeal to the Service Tribunal established under N.-W.F.P. Service Tribunals Act, 1974---N.-W.F.P. Removal from Service (Special Powers) Ordinance, 2000 being the latest special law had provided a forum of appeal to anyone who was proceeded against under the said Ordinance---Appeal therefore, was competent before the Service Tribunal which was wrongly dismissed by the Tribunal---Petition for leave to appeal, after its conversion into appeal by the Supreme Court, was accepted and the case was remanded to the Service Tribunal for decision on merits.
Khushdil Khan, Advocate Supreme Court with Mir Adam Khan, Advocate-on-Record for Petitioner.
Malik Manzoor Hussain, Advocate Supreme Court for Respondents.
Date of hearing: 24th June, 2005.
JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Anwar Parvez, a former Assistant, Board of Intermediate and Secondary Education, Abbottabad seeks leave to appeal against the order dated 9-12-2003 of the learned N.-W.F.P. Service Tribunal whereby his appeal against compulsory retirement from service was dismissed in limine on the ground that under section 2(b) of the N.-W.F.P. Civil Servants Act, 1973, he being an employee of the Board, was not a civil servant.
2. We have heard Mr. Khushdil Khan, learned counsel for the petitioner and Malik Manzoor Hussain, learned counsel for the respondents. The compulsory retirement was ordered under section 3 of N.-W.F.P. Removal from Service (Special Powers) Ordinance, 2000. Section 10 thereof, dealing with appeals, categorically lays down that notwithstanding anything contained in any other law for the time being in force, any person aggrieved by any final order shall prefer an appeal to the Service Tribunal established under N.-W.F.P. Service Tribunals Act, 1974. This law being the latest special law has provided a forum of appeal to anyone who is proceeded against under the Ordinance of 2000. Hence, we hold that the appeal was competent before the Tribunal which was wrongly dismissed. Consequently, the petition after conversion into appeal is accepted and the case is remanded to the N.-W.F.P. Servicel Tribunal for decision on merits.
M.B.A./A-265/S Case remanded.