| Case ID |
03f1fa79-2410-433c-8cdd-407d05c18e0e |
| Body |
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| Case Number |
200(R) of 1994 |
| Decision Date |
Oct 19, 1994 |
| Hearing Date |
Jul 19, 1994 |
| Decision |
The appeal of Muhammad Ismail was accepted by the Federal Service Tribunal, granting him the arrears of salary and allowances effective from 21-2-1986. The Tribunal acknowledged that the appellant had been wrongfully denied his rightful pay due to administrative errors, despite being granted presumptive seniority. The ruling emphasized that civil servants, when deprived of their rightful positions without fault, are entitled to the corresponding remuneration. The decision referenced prior judgments, affirming the principle of pro forma promotion and the necessity of compensating the appellant for the higher post he was entitled to. |
| Summary |
This case involves Muhammad Ismail, an Assistant Engineer who was denied proper promotion and salary arrears after being wrongfully withheld from his promotion due to pending disciplinary actions. The Federal Service Tribunal ruled in favor of Ismail, recognizing that he was entitled to salary arrears from the date he should have been promoted. The court's decision underscored the principle that civil servants should not be penalized for administrative errors and that they are entitled to financial compensation for rightful positions. This case reinforces the importance of fair treatment in civil service promotions and the legal obligations of government entities to honor promotion entitlements. Keywords include civil service, promotion, salary arrears, legal entitlement, and administrative justice. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RAZZAQ A. THAHIM,
MUHAMMAD ISMAIL
|
| Lawyers |
Raja Muhammad Asghar Khan,
M. Javaid Aziz Sandhu
|
| Petitioners |
MUHAMMAD ISMAIL
|
| Respondents |
2 others,
SECRETARY, ESTABLISHMENT DIVISION
|
| Citations |
1995 SLD 1149,
1995 ITR 285
|
| Other Citations |
1985 SCMR 1394,
PLD 1973 Lah. 42,
Punjab v. Syed Muhammad Ashraf 1973 SCMR 304
|
| Laws Involved |
Service Tribunals Act, 1973
|
| Sections |
Not available
|