| Case ID |
00bb6bd1-38c3-43eb-ab81-5cdc1750a396 |
| Body |
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| Case Number |
Civil Petition No. 1958 of 2006 |
| Decision Date |
Jan 19, 2017 |
| Hearing Date |
Jan 19, 2017 |
| Decision |
The Supreme Court of Pakistan upheld the decision of the Federal Service Tribunal, which granted the respondent Muhammad Zafar the benefit of pay protection under Section 11-A of the Civil Servants Act, 1973. The court found that the respondent was rendered surplus due to a government decision and that his previous ad hoc appointment did not disqualify him from receiving this benefit. Consequently, the court dismissed the petition filed by the department, affirming that the respondent was entitled to maintain his pay scale despite the change in his employment status. |
| Summary |
In the landmark case of Civil Petition No. 1958 of 2006, heard by the Supreme Court of Pakistan on January 19, 2017, the court addressed the issue of pay protection for civil servants under the Civil Servants Act of 1973. The case revolved around Muhammad Zafar, an Assistant Professor, who had faced termination from his ad hoc position as Director Physical Education and was subsequently appointed to a lower post. The Federal Service Tribunal had previously ruled in favor of Zafar, asserting his entitlement to pay protection based on Section 11-A of the Act, which stipulates that civil servants declared surplus due to government decisions should be accommodated in posts carrying equal pay scales. The Supreme Court concurred with this interpretation, emphasizing that even ad hoc employees are recognized as civil servants under the law. The decision reinforced the legal rights of civil servants regarding pay protection, establishing a precedent for similar cases in the future. This case is significant for its implications on civil service employment rights and the interpretation of ad hoc statuses within the framework of government employment regulations. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal, Islamabad,
FGEI, Dte, Rwp
|
| Judges |
DOST MUHAMMAD KHAN,
QAZI FAEZ ISA,
FAISAL ARAB
|
| Lawyers |
Sajid Ilyas Bhatti, DAG,
Jaffar Raza Khan, Advocate-on-Record,
Muhammad Shoaib Shaheen, Advocate Supreme Court,
Ahmed Raza Ch., Advocate-on-Record,
|
| Petitioners |
CONTROLLER OF MILITARY ACCOUNTS (RC) EDUCATION CELL, RAWALPINDI
|
| Respondents |
,
MUHAMMAD ZAFAR, ASSISTANT PROFESSOR
|
| Citations |
2017 SLD 1373,
2017 SCMR 482
|
| Other Citations |
Muhammad Sarfraz v. Government of Punjab 2001 PLC (C.S.) 1224
|
| Laws Involved |
Civil Servants Act, 1973
|
| Sections |
11A
|