C.P No: D-975/2007
1. For
Katcha Peshi
2.
For hearing of CMA 1792/2010
27-10-2010.
Mr. M.A Hakeem for the petitioner.
Mr. Mohammad Imran Khan for the respondents.
Mr. Madad Ali Shah Masoomi, Standing Counsel.
The
husband of the petitioner was employed as Pointsman in Pakistan Railways. After
putting more than 25 years in service in BPS-4, he was removed from service on 17-01-2002 as he applied for
extension in leave on account of the sickness of his wife which, however, was
not granted. He challenged his removal before the Federal Service Tribunal. While
his appeal was pending, he expired; with the result, the Federal Service
Tribunal, vide its order dated 08-12-2006, held that on account of the death of
the husband of the petitioner, the appeal has abated. While passing such order,
it was also ordered that the husband of the petitioner shall be entitled for
his service dues, if any, in accordance with law.
Counsel for
the petitioner has pointed out letter dated 26-03-2002 filed as annexure “E” with the Petition,
wherein the decision of the Government of Pakistan, Cabinet Secretariat,
Establishment Division has been referred to. This was taken vide office
memorandum No. SCE/6/97 dated 07-02-2002.
In the said decision of the Cabinet Secretariat, it has been stated that an
employee, who is dismissed, removed or compulsorily retired from service, will
remain civil servant till his appeal at the appropriate level is finalized.
In the
present case, the appeal of the husband of the petitioner came to its logical
conclusion on 08-12-2006.
The husband of the petitioner died on 05-10-2006
and, therefore, in view of the above referred decision of the Cabinet
Secretariat and the fact that at the time of death, the appeal was pending, the
petitioner’s husband has to be treated as civil servant upto 05-10-2006. Thus the petitioner is
entitled to all his service benefits upto 05-10-2006 to which he was entitled while he was in actual
service. The respondents are directed to recalculate the service benefits of
the husband of the petitioner and shall pay the same to the beneficiary of such
benefits in accordance with law. The order of his removal is to be ignored
while computing his serving benefits.
The
petition along with the listed application stands disposed of in the above
terms.
Judge
Judge
Rashid