| Case ID |
035040db-0466-48e0-a1e7-87b8b235da68 |
| Body |
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| Case Number |
Appeal No.84(L) of 1999 |
| Decision Date |
Feb 07, 2003 |
| Hearing Date |
Feb 07, 2003 |
| Decision |
The appeal filed by Naseer Ahmad Balouch was accepted, thereby directing the respondents to grant him the annual increments that were due on 1-1-1998 and 1-1-1999. The Tribunal held that the appellant had a continuing cause of action for his claim regarding pay increments, as he was on sanctioned leave with half pay, and could not be penalized on the basis of limitation. The respondents' objections regarding the lack of a departmental appeal were also dismissed, as the appellant's representation to the Deputy General Manager was deemed sufficient. The ruling emphasized that civil servants are entitled to annual increments during sanctioned leave, which was supported by previous case law. |
| Summary |
In the case of Naseer Ahmad Balouch vs. Chairman, State Life Insurance Corporation of Pakistan, the Federal Service Tribunal addressed significant issues concerning the entitlement of civil servants to annual increments during periods of sanctioned leave. The Tribunal ruled that the appellant, who had been on half pay leave for 696 days, was entitled to the increments due to him, as the leave granted was not without pay. The decision highlighted the principle that civil servants maintain a continuing cause of action for pay claims, particularly when increments are sought after the inclusion of pay enhancements. The ruling rejected the employer's objection regarding the time-bar of the appeal, emphasizing that matters of pay should be treated with benevolence, especially by government entities. This case underscores the rights of civil servants to their benefits irrespective of their leave status, reiterating the importance of fair treatment in public service remuneration. Key phrases such as 'civil servants' rights', 'annual increments entitlement', and 'government employment benefits' are pivotal for understanding the implications of this ruling. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
Imtiaz Ali Khan,
Moazzam Hayat
|
| Lawyers |
Khadim Hussain Khokhar,
Kh. Abdul Rashid
|
| Petitioners |
Naseer Ahmad Balouch
|
| Respondents |
3 others,
Chairman, State Life Insurance Corporation of Pakistan, Karachi
|
| Citations |
2006 SLD 1693 = 2006 PLC 497
|
| Other Citations |
2002 PLC (C.S.) 53
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Service Tribunals Act (LXX of 1973)
|
| Sections |
17,
4
|