| Case ID |
037221c3-a373-4ab6-8013-4c88bb1f1cf5 |
| Body |
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| Case Number |
Civil Appeals Nos.28-Q and 29-Q of 1987 |
| Decision Date |
Aug 19, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan allowed the appeals and set aside the decision of the Service Tribunal. The Tribunal had erred in treating the respondents as Secretariat Staff from 1st July 1970. The Court found that the respondents were recruited to a regional cadre and had no vested right to be absorbed into the Secretariat Ministerial Service. The Court emphasized the importance of adhering to the established recruitment rules and policies of the Government. The respondents' claims for compensation for extra duties were left open for them to pursue before competent authorities, as they had not made a specific claim before the Tribunal. Consequently, the appeals were accepted, and the judgments of the Service Tribunal were dismissed. |
| Summary |
This case revolves around the legal rights of civil servants in Balochistan regarding their absorption into the Secretariat Ministerial Service. The Supreme Court examined whether the Service Tribunal had correctly determined the respondents' vested rights under Article 212(3) of the Constitution of Pakistan. The Court found that the Service Tribunal had committed multiple errors in law, particularly regarding the status of the respondents as Secretariat staff from July 1, 1970. The Court reinforced the principle that civil servants must adhere to the established rules and recruitment policies, and that their rights are governed by the Balochistan Civil Servants Act. The Supreme Court's ruling underscores the need for clarity in civil service regulations and adherence to lawful procedures in recruitment and absorption processes. Keywords such as 'Balochistan Civil Servants', 'Supreme Court of Pakistan', 'Secretariat Service', and 'legal rights of civil servants' are essential for understanding the legal context and implications of this case. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDHRY,
AJMAL MIAN
|
| Lawyers |
Not available
|
| Petitioners |
GOVERNMENT OF BALOCHISTAN through Secretary, S & GAD, Quetta
|
| Respondents |
AMIR JAN and 10 others
|
| Citations |
1991 SLD 1127,
1991 SCMR 1203
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Balochistan Civil Servants Act (IX of 1974),
West Pakistan Secretariat Ministerial Service Rules, 1963
|
| Sections |
212(3),
10,
5-A
|