| Case ID |
17a4b4d5-795b-429f-adc8-0066d6027a13 |
| Body |
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| Case Number |
C.P.L.A. No. 1573 of 2001 |
| Decision Date |
Sep 01, 2004 |
| Hearing Date |
Sep 01, 2004 |
| Decision |
The Supreme Court of Pakistan set aside the Punjab Service Tribunal's judgment dismissing Mst. Sajida Javed's service appeal regarding the cancellation of her appointment as a Senior School Teacher in BS-16. The Court determined that the Department's decision to withdraw her appointment and withhold her salary based on an administrative error was unjust and violated principles of fairness and legality. Emphasizing the doctrine of locus poenitentiae, the Court ruled that the Department could not retract its actions after four years, especially when the petitioner had lawfully accepted and performed her duties in good faith. Consequently, the Tribunal's judgment was overturned, and the appeal was allowed, entitling Mst. Sajida Javed to reclaim her rightful salary in BS-16 until she was lawfully relieved from her position. No costs were awarded in this case. |
| Summary |
In the landmark case C.P.L.A. No. 1573 of 2001, adjudicated by the Supreme Court of Pakistan on September 1, 2004, petitioner Mst. Sajida Javed successfully appealed against the Punjab Service Tribunal's decision to cancel her appointment as a Senior School Teacher in BS-16 within the Education Department. Initially serving as an Elementary School Teacher in BS-9, Mst. Javed was promoted based on available vacancies but later faced an administrative reversal that unjustly withheld her rightful salary and sought recovery of excess payments. The Supreme Court, under the guidance of Judges Rana Bhagwandas and Muhammad Nawaz Abbasi, scrutinized the applicative laws including the Punjab Service Tribunals Act, General Clauses Act, and the Constitution of Pakistan. Emphasizing the principle of locus poenitentiae, the Court highlighted the Department's inability to rectify its error after four years without disadvantaging the petitioner, who had diligently served in her capacity. The judgment underscored the inadmissibility of punitive salary recovery when discrepancies arise from administrative oversight, thereby reinforcing employee rights and accountability within governmental departments. This decision not only rectified the specific grievances of Mst. Sajida Javed but also set a precedent ensuring that civil servants are protected against unjust administrative decisions, promoting fairness and integrity in public service appointments. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Punjab,
Education Department,
District Lahore,
District Sheikhupura,
Directorate of Secondary Education, Lahore Division
|
| Judges |
RANA BHAGWANDAS,
MUHAMMAD NAWAZ ABBASI
|
| Lawyers |
Syed Sharif Hussain Bokhari,
Ms. Sajida Sohail
|
| Petitioners |
Mst. SAJIDA JAVED
|
| Respondents |
DIRECTOR OF SECONDARY EDUCATION, LAHORE DIVISION
|
| Citations |
2007 SLD 1883 = 2007 PLC 364
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Service Tribunals Act (IX of 1974),
General Clauses Act (X of 1897),
Constitution of Pakistan (1973)
|
| Sections |
S.4,
S.21,
Art.212(3)
|