| Case ID |
036e274e-1741-420d-8c1b-279dae1c3455 |
| Body |
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| Case Number |
Civil Petition No. 288-P of 1993 |
| Decision Date |
Sep 18, 1994 |
| Hearing Date |
Sep 18, 1994 |
| Decision |
The Supreme Court of Pakistan refused leave to appeal against the judgment of the N.-W.F.P. Service Tribunal. The Tribunal had ruled that while the respondent was not eligible for regularization due to the lack of requisite qualifications, he was entitled to receive the pay and scale of a Senior English Teacher from the time he was appointed. The court upheld this decision, emphasizing that the respondent had been performing the duties of a Senior English Teacher for a decade despite not being formally regularized. The findings of the Tribunal were affirmed, and the petitioners were not granted any legal remedy. The decision reflects the principle that even in the absence of formal regularization, entitled pay should be afforded where duties have been performed. |
| Summary |
In the case of Civil Petition No. 288-P of 1993, the Supreme Court of Pakistan addressed the issue of non-regularization of a civil servant's services despite ten years of performance as a Senior English Teacher. The court examined the respondent's qualifications, specifically the lack of a B.Ed degree, which was a prerequisite for regularization. However, the Tribunal's decision to grant the respondent entitlements to pay and scale reflective of his role was upheld, illustrating the court's commitment to fairness in employment practices within public service. This case underscores the importance of recognizing the contributions of individuals in civil service roles, irrespective of formal qualifications. The ruling also highlights the judicial system's role in protecting the rights of employees and ensuring that they receive appropriate compensation for their work, thereby reinforcing employment equity principles. This case is pivotal in understanding the balance between qualifications and practical experience in public sector employment contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
N.W.F.P. GOVERNMENT,
Secretary Education, Peshawar,
Muhammad Qavi Khan
|
| Judges |
SALEEM AKHTAR,
FAZAL ILAHI KHAN
|
| Lawyers |
Shahzad Akbar, Advocate Supreme Court,
H.M.A. Qayyum Mazhar, Advocate-on-Record
|
| Petitioners |
N.W.F.P. GOVERNMENT through Secretary Education, Peshawar and others
|
| Respondents |
MUHAMMAD QAVI KHAN
|
| Citations |
1996 SLD 1277,
1996 SCMR 1011
|
| Other Citations |
Federation of Pakistan v. Shahzada Jan Shahpur and others 1986 SCMR 991
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
212(3)
|