| Case ID |
0ff5d401-07c4-4b90-96be-9cbfc70de4fe |
| Body |
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| Case Number |
501/881 of 1986 |
| Decision Date |
Sep 17, 1987 |
| Hearing Date |
|
| Decision |
The Tribunal concluded that the appellant, Mubashir Hussain, was not entitled to the protection of the Secretariat pay scale after opting for the prescribed pay scale. It was determined that the appellant had exercised his option knowingly and was estopped from claiming benefits he was not entitled to. The Tribunal dismissed the appeal, stating that there was no legal basis for the appellant's claims and that the government had the right to rectify any fraudulent entries in the service book. The appeal was deemed incompetent due to the absence of a final order from the Departmental authorities, rendering the matter unresolved at the administrative level. |
| Summary |
In the case of Mubashir Hussain vs. Punjab Province, the Service Tribunal addressed the rights of civil servants under the West Pakistan (Non-Gazetted) Civil Services (Pay Revision) Rules, 1959. The appellant, who had opted for a specific pay scale, was found to have improperly received benefits from a different scale. The Tribunal emphasized the importance of adhering to the option exercised by civil servants and ruled that any fraudulent fixation of pay could be rectified by the government. The appeal was dismissed as it lacked merit and was deemed incompetent, highlighting the legal principles surrounding civil service pay scales and the authority of the government to enforce regulations without hindrance. This case serves as a vital reference for understanding the legal framework governing civil service remuneration and the obligations of civil servants to comply with established rules. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
IHSANUL HAQ CHAUDHRY (CHAIRMAN),
KH. MUHAMMAD YOUSAF (MEMBER)
|
| Lawyers |
M.A. Riaz,
A.G. Humayun
|
| Petitioners |
MUBASHIR HUSSAIN
|
| Respondents |
3 others,
PUNJAB PROVINCE through Secretary to Government of the Punjab, Finance Department, Lahore
|
| Citations |
1989 SLD 2079,
1989 PLC 35
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan (Non-Gazetted) Civil Services (Pay Revision) Rules, 1959,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
4
|