| Case ID |
16aaa087-3bab-487f-a47f-2a348e7fca78 |
| Body |
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| Case Number |
Civil Appeal No. 1535 of 2006 |
| Decision Date |
Feb 09, 2007 |
| Hearing Date |
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| Decision |
The Supreme Court of Pakistan ruled in favor of the appellant, Shahid Hussain Abbasi, granting him the advance increment he sought. The Court found that the refusal by the N.W.F.P. Service Tribunal to grant the advance increment was invalid, as the policy in place allowed for such increments to be awarded to employees who obtained higher qualifications while in service. The appellant had obtained his LL.M. degree, which was equivalent to M.Phil., after his appointment as a lecturer in law. The Court emphasized that the benefit of such incentives should extend to employees who improve their qualifications after their induction into service. Therefore, the Court accepted the appeal, set aside the impugned judgment, and directed the education department to grant the advance increment to the appellant in accordance with the relevant government notification. |
| Summary |
In the landmark case of Shahid Hussain Abbasi vs. Secretary to the Government of N.W.F.P. Education Department, the Supreme Court of Pakistan addressed the issue of advance increments for public sector employees who attain higher qualifications after their appointment. The appellant, a lecturer in law, successfully argued that despite not holding an LL.M. degree at the time of his initial appointment, his subsequent attainment of the degree while in service entitled him to the benefits outlined in the North West Frontier Province Service Tribunals Act. The Court's ruling reinforced the principle that educational advancements made during employment should be recognized and rewarded, aligning with the government's policy aimed at promoting higher education among its workforce. This decision not only highlights the importance of continuing education but also sets a precedent for similar cases involving professional development and salary increments in the public sector. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
MIAN SHAKIRULLAH, JAN,
SAIYED SAEED ASHHAD, JJ
|
| Lawyers |
Muhammad Zaman Bhatti, Advocate Supreme Court,
Nayar Naik, D.S. Finance Department, N.W.F.P.
|
| Petitioners |
SHAHID HUSSAIN ABBASI
|
| Respondents |
SECRETARY TO THE GOVERNMENT OF N.W.F.P. EDUCATION DEPARTMENT and others
|
| Citations |
2007 SLD 626,
2007 SCMR 951
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| Other Citations |
Not available
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| Laws Involved |
North West Frontier Province Service Tribunals Act, (I of 1974)
|
| Sections |
4
|