Legal Case Summary

Case Details
Case ID 0fcefdea-90d1-439c-9317-82fdaa905ccd
Body View case body.
Case Number Appeal No. 92 of 1974
Decision Date Jun 13, 1975
Hearing Date
Decision The Tribunal allowed the appeal of the appellants, stating that the order of the Governor of West Pakistan dated 24-7-1965, which varied the terms and conditions of service to the disadvantage of the Mappers, was not applicable to them. The Tribunal emphasized that the appellants had exercised their option under the relevant rules, and the notification issued did not have retrospective effect. The decision highlighted the legal protections afforded to civil servants regarding their pay scales and conditions of service, asserting that such terms cannot be altered to their disadvantage.
Summary This case revolves around the appeal of Mappers employed under the Director of Settlement Survey and Land Records who contested a reduction in their pay scale as communicated by the Governor of West Pakistan. The Tribunal ruled in favor of the appellants, affirming that the reduction order was not applicable due to the previous options exercised by the appellants under the West Pakistan (Non-Gazetted) Civil Services Pay and Pension Rules, 1963. The decision reaffirmed the principle that civil servants' pay terms cannot be altered to their disadvantage without appropriate legal basis. Key laws referenced include the Sind Service Tribunals Act and the specific pay rules governing civil servants. The judgment serves as a significant precedent in protecting civil servant rights and ensuring that any changes to pay scales are not retroactive unless expressly stated. This case highlights the importance of legal frameworks in public service employment.
Court Service Tribunal, Sindh
Entities Involved Not available
Judges HAMZO KHAN M. KURESHI (CHAIRMAN), ABDUL KADIR, ABDUL WALI MAKHDOOM
Lawyers Not available
Petitioners HAJI SHAH AND 15 OTHERS
Respondents PROVINCE OF SIND THROUGH CHIEF SECRETARY
Citations 1976 SLD 658, 1976 PLC 93
Other Citations Not available
Laws Involved West Pakistan (Non-gazetted) Civil Services Pay and Pension Rules, 1963, Sind Service Tribunals Act (XV of 1973)
Sections R. 4, S. 3(2), S. 2(b)