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