| Case ID |
136d03a5-c971-48e0-8bd6-60a182a13eee |
| Body |
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| Case Number |
Writ Petition No. 2171 of 2010 |
| Decision Date |
Dec 24, 2014 |
| Hearing Date |
Sep 16, 2014 |
| Decision |
The writ petition was dismissed as the petitioners, who were appointed from lower grades to higher grades before the rules were amended on 27-7-1991, were not entitled to claim one advance/premature increment. The court found that the benefit of the advance increment was only available to employees promoted against the in-service quota after the rules were amended. The petitioners’ claims were based on a precedent that was not applicable to their circumstances. The court reiterated that the promotion and increment rules applied strictly, and the petitioners did not meet the necessary criteria for the benefit sought. |
| Summary |
The Lahore High Court ruled on a case involving the legality of granting advance or premature increments to petitioners who were appointed from lower grades to higher grades prior to the amendment of rules on July 27, 1991. The petitioners claimed entitlement to these increments based on a Supreme Court judgment that did not apply to their situation. The court clarified that only those appointed under specific conditions after the 1991 amendment could claim such benefits. As such, the court dismissed the petition, emphasizing adherence to the established rules regarding promotions and increments. This case highlights the importance of understanding the criteria set forth in employment regulations and their implications in legal claims for benefits. The ruling serves as a reminder for public servants to be aware of the legal framework governing their employment and the impact of amendments on their rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAH KHAWAR, J
|
| Lawyers |
Taj Muhammad Pirzada for Petitioner,
Muhammad Aurangzeb Khan, Asstt. A.G. for Respondents
|
| Petitioners |
MUHAMMAD IQBAL and others
|
| Respondents |
GOVERNMENT OF PUNJAB and others
|
| Citations |
2015 SLD 3086 = 2015 PLC 1219
|
| Other Citations |
Civil Appeal No. 677 of 2006,
Civil Appeal No. 1829 of 2005,
Zaka Ullah Khan v. The Director Public Instruction School (SE), Punjab and others,
Mubarak Ali v. Secretary Finance, Government of the Punjab etc.
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Art. 199
|