| Case ID |
15a9397e-a818-4f13-bf8f-67ba73435d7f |
| Body |
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| Case Number |
Appeal Nos. 101(L), 102(L), 103(L), 104(L), 105(L) |
| Decision Date |
Jan 07, 2020 |
| Hearing Date |
Jan 07, 2020 |
| Decision |
The appeals were accepted based on the principle of locus poenitantiae, which states that once a benefit is granted, it cannot be rescinded without sufficient justification. The advance increments granted to the appellants had been in effect for 20 years before being withdrawn without cogent reasoning. The Tribunal found that the recovery of the advance increments was arbitrary and illegal, and thus ordered the dismissal of the recovery order and reinstated the benefits to the appellants. |
| Summary |
This case involves multiple appeals regarding the recovery of advance increments granted to postal employees based on higher educational qualifications. The appellants, who had received these increments for over 20 years, faced a sudden withdrawal of these benefits without adequate justification. The Federal Service Tribunal ruled in favor of the appellants, emphasizing that such withdrawals are against the established principles of administrative justice and fairness. This case highlights the importance of adhering to established policies and the legal principles surrounding employment benefits. Keywords: Service Tribunals Act, advance increments, locus poenitantiae, administrative justice, Federal Service Tribunal, Pakistan Post, employment benefits, legal principles. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Pakistan Post
|
| Judges |
SHUJA-UD-DIN,
FIDA HUSSAIN
|
| Lawyers |
Sh. Muhammad Iqbal Anjum,
Mr. Abid Hussain Ch.
|
| Petitioners |
FIDA HUSSAIN ASSTT. SUPERINTENDENT POSTAL SERVICES CHINNIOT,
Mr. Abid Hussain Ch.
|
| Respondents |
CONTROLLER GENERAL OF ACCOUNTS, C.G.A., COMPLEX, ISLAMABAD
|
| Citations |
2021 SLD 493,
2021 PLJ 41
|
| Other Citations |
2019 SCMR 643,
PLD 1992 S.C. 207,
2009 SCMR 177
|
| Laws Involved |
Service Tribunals Act, 1973
|
| Sections |
4
|