| Case ID |
0a4b6195-8228-4a9a-943a-04a70812730d |
| Body |
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| Case Number |
C.Ps. Nos. 212, 788, 620 of 2014, C.Ps. Nos. 483, |
| Decision Date |
Nov 26, 2018 |
| Hearing Date |
Nov 07, 2018 |
| Decision |
The court dismissed the constitutional petitions filed by the teachers challenging the validity of the time scale grant under the Balochistan Provincial Employees Group Insurance Act, 2009, stating that the petitioners had opted for the grant based on the time scale policy issued by the Government of Balochistan. The court held that the time scale grant does not equate to a promotion and that the petitioners were estopped from challenging the notification after having accepted the benefits of the time scale. The judgment emphasized the distinction between time scale grants and promotions, affirming that the financial benefits conferred by the time scale do not constitute an advancement in rank or position. |
| Summary |
This case revolves around the interpretation and application of the Balochistan Provincial Employees Group Insurance Act, 2009, particularly concerning the time scale grant for government employees, specifically teachers. The petitioners argued that they were entitled to benefits under the Group Insurance Act based on their last pay scale after the grant of the time scale. However, the court clarified that the time scale grant is merely a financial benefit and does not constitute a promotion. The ruling highlighted the legal principle of estoppel, which prevents the petitioners from challenging the notification after benefiting from the time scale. The decision underscores the importance of understanding the distinction between promotions and time scale grants in the context of employee benefits. Keywords such as 'Balochistan Provincial Employees Group Insurance Act', 'time scale grant', and 'legal distinction' are crucial for SEO optimization in legal discussions and analyses. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD EJAZ SWATI
|
| Lawyers |
Muhammad Rauf Atta,
Zahoor Ahmed Baloch
|
| Petitioners |
Manzoor Ahmed Rehmani,
Surat Khan
|
| Respondents |
GOVERNMENT OF BALOCHISTAN THROUGH CHIEF SECRETARY AND OTHERS
|
| Citations |
2019 SLD 1620,
2019 PLC 797
|
| Other Citations |
2012 PLC (C.S.) 1450,
1996 SCMR 1185,
1980 SCMR 972,
2009 SCMR 4,
2003 SCMR 1030,
1986 SCMR 991,
2002 PLC 52,
1993 PLC (C.S.) 1261,
1987 SCMR 96,
2009 SCMR 1,
PLD 1988 Quetta 70,
2004 PLC (C.S.) 586,
1995 PLC (C.S.) 586,
2005 SCMR 590,
2013 SCMR 1687
|
| Laws Involved |
Balochistan Provincial Employees Group Insurance Act, 2009,
Constitution of Pakistan, 1973
|
| Sections |
3,
14,
2A,
9,
18,
23,
25
|