| Case ID |
09764460-34ba-4d3d-994c-25b9b6e79bae |
| Body |
View case body. Login to View |
| Case Number |
Writ Petitions Nos.9214 to 9219 of 2007 |
| Decision Date |
Mar 12, 2008 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the writ petitions filed by the petitioners seeking the enforcement of the Punjab Service Tribunal's judgment which granted annual increments to them for their service as untrained P.T.C. Teachers. The court emphasized that withholding of emoluments in violation of the Punjab Civil Servants Act would be inherently flawed. The Supreme Court's precedent established that civil servants working against a post are entitled to the running pay scale, and no authority could deviate from this principle. Therefore, the court directed the respondents to pay the claimed increments and fix the petitioners' pay accordingly, ensuring that the arrears be released within three months. |
| Summary |
This case revolves around the entitlements of untrained P.T.C. Teachers under the Punjab Civil Servants Act, 1974, specifically regarding annual increments. The Lahore High Court addressed the petitions of teachers who claimed that their department wrongfully denied them increments based on their untrained status. Citing the Punjab Service Tribunal's previous rulings and the Supreme Court's decisions, the court asserted that the government could not ignore the provisions of the law when determining pay. The ruling reinforced the principle that all civil servants are entitled to their rightful pay according to established laws, thereby promoting justice and fairness in administrative actions. The implications of this case emphasize the importance of adhering to legal standards in public service employment, ensuring that civil servants receive their due benefits without arbitrary denial. This case serves as a significant reference for similar future disputes involving civil service entitlements, reinforcing the necessity for compliance with judicial precedents and statutory provisions. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
HAFIZ TARIQ NASIM, J
|
| Lawyers |
Malik Ahsan Mehmood for Petitioner,
Naeem Masood, Asstt. A.G. Punjab with Parvez Mehmood, O.S.D. (Litigation) for Respondents
|
| Petitioners |
LIAQUAT ALI
|
| Respondents |
2 others,
PROVINCE OF PUNJAB through Secretary Education
|
| Citations |
2008 SLD 1303,
2008 PLC 768
|
| Other Citations |
Mrs. Munawar Sani v. Director Army Education 1991 SCMR 135,
Administrator, District Council, Larkana and others v. Ghulab Khan and 5 others 2001 SCMR 1320,
Hameed Akhtar Niazi v. Secretary, Establishment Division 1996 SCMR 1185,
Syed Nazar Abbas Jaffri v. Secretary to Government of the Punjab and another 2007 PLC (C.S.) 632
|
| Laws Involved |
Punjab Civil Servants Act, 1974,
Punjab Service Tribunals Act, (IX of 1974),
Constitution of Pakistan, 1973
|
| Sections |
16,
4,
189,
190,
199,
212
|