PAKISTAN RAILWAYS through Chief Executive Officer/ Senior General Manager, Lahore vs MUHAMMAD ASLAM absorption — 2024 SCMR 97 SUPREME-COURT

Case information

Citation: 2024 SCMR 97 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: PAKISTAN RAILWAYS through Chief Executive Officer/ Senior General Manager, Lahore vs MUHAMMAD ASLAM absorption
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PAKISTAN RAILWAYS through Chief Executive Officer/ Senior General Manager, Lahore VS MUHAMMAD ASLAM absorption---Valuable right in favour of employee, accrual of---Locus poenitentiae, doctrine of---Respondent was absorbed as Guard Grade-I in Pakistan Railways vide notice dated 06.08.2012, but, after a lapse of six years, he was denied the absorption vide another notice dated 02.08.2018 when certain valuable rights had already accrued in his favour which could not be denied keeping in mind the principle of locus poenitentiae---Record reflects that the department before the Service Tribunal failed to justify the action of rescinding the earlier order issued in favour of respondent, therefore, the Tribunal reached the correct conclusion that the respondent was discriminated against and the action taken against him was illegal and as a consequence thereof, the service appeal was allowed---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2024 SCMR

2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497(2)---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506---Constitution of Pakistan, Art. 185(3)---Murder…
2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Benefit of doubt---Benefit of doubt can even be extended at b…
2024 SCMR 2034 SUPREME-COURTFAROOQ AHMED VS SECRETARY, BALOCHISTAN PROVINCIAL ASSEMBLY, QUETTA R. 1(n)---Balochistan Civil Servants Act (IX of 1974), S. 2(1)(b)---Emplo…
2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State Ss. 497(2) & 156---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506--- Constitution of Pakistan, Art. 185(3)-…
2024 SCMR 181 SUPREME-COURTJUNAID WAZIR VS SUPERINTENDENT OF POLICE, PRU/ DOLPHIN POLICE, LAHORE Public functionaries are supposed to execute and perform their duty in…
2024 SCMR 181 SUPREME-COURTJUNAID WAZIR VS SUPERINTENDENT OF POLICE, PRU/ DOLPHIN POLICE, LAHORE Maxim 'ex debito justitiae'---Meaning and scope---Legal maxim "ex debi…

Back to the case-law library · Search Pakistani case law in Urdu or English