| Case ID |
100a1ca5-3c9f-4069-8d45-d87143307288 |
| Body |
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| Case Number |
Appeal No. 89 of 1983 |
| Decision Date |
Feb 18, 1985 |
| Hearing Date |
Feb 11, 1985 |
| Decision |
The appellant, an Assistant Commissioner, retired under M.L.R.-114 was denied selection grade to which he was entitled before retirement and he has accordingly preferred the service appeal. The court found that the rights of civil servants, which had accrued prior to their retirement, cannot be affected by arbitrary orders issued later. The appellant had reached the maximum of his pay scale and was entitled to a selection grade one year after reaching that maximum. The delay in issuing formal orders did not negate his right to the selection grade. The court ruled that the appellant's claim for salary and calculation of pension for the period prior to his retirement could not be denied due to his non-reinstatement after retirement. The appeal was allowed without costs. |
| Summary |
In the case of Noor Ahmad M. Mughal vs Chief Secretary, Government of Sind, the Service Tribunal of Sindh ruled on the rights of civil servants concerning their pay and benefits upon retirement. The appellant, who had served as an Assistant Commissioner, argued that he was denied his entitled selection grade due to delayed orders. The court emphasized that rights accrued by civil servants prior to retirement cannot be revoked by arbitrary actions taken thereafter. The ruling established the principle that even if a civil servant is not reinstated after retirement, their rights regarding pay and pension calculations remain intact. This case underscores the importance of timely administrative actions and the protection of civil service rights, making it a significant precedent in public service law. Keywords include civil service rights, selection grade, administrative law, and pension calculations, which are essential for understanding the legal framework surrounding civil servant entitlements. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
Mushtak Ali Kazi (Chairman),
Muhammad Ibrahim Lakhiar,
Tasneem Ahmad Siddiqui
|
| Lawyers |
Naimatullah Qureshi,
Hasan Akbar, A.A.-G.
|
| Petitioners |
Noor Ahmad M. Mughal
|
| Respondents |
Another,
Chief Secretary, Government of Sind
|
| Citations |
1985 SLD 2087,
1985 PLC 707
|
| Other Citations |
Not available
|
| Laws Involved |
M.L.R.-114,
M.L.O.-23
|
| Sections |
Not available
|