| Case ID |
1f1969cd-bb18-4bd0-bab9-280daaf319ce |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.363 of 1985 |
| Decision Date |
Mar 10, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to examine whether the Service Tribunal correctly abstained from addressing the appellant's salary during the period of dismissal. The appellant was dismissed on 17-5-1980 and was to be reinstated on 13-5-1982. The Court noted that the Service Tribunal failed to determine the arrears of pay owed to the appellant after setting aside the dismissal. The Supreme Court remanded the case back to the Service Tribunal for a decision in accordance with Section 16 of the Punjab Civil Servants Act, 1974, ensuring that the appellant's rightful pay and allowances for the intervening period are addressed appropriately. |
| Summary |
This case revolves around the interpretation of the Punjab Civil Servants Act (VIII of 1974), particularly Section 16, which deals with the pay and allowances of civil servants who have been dismissed or removed from service. The Supreme Court of Pakistan examined the procedural fairness of the Punjab Service Tribunal, which had previously dismissed the appellant's service appeal without addressing his entitlement to salary arrears between the dates of his dismissal and reinstatement. The judgment emphasizes the importance of due process and the rights of civil servants to receive their entitled pay, especially after a dismissal order is overturned. This case highlights key legal principles surrounding employment law and civil service regulations in Pakistan, making it significant for future reference in similar disputes. The Court's decision to remand the case back to the Tribunal underscores the necessity for thorough evaluations of civil servant cases, ensuring that all relevant factors, including salary entitlements, are duly considered. Legal professionals and civil servants alike should take note of this ruling as it sets a precedent regarding the handling of similar appeals and reinforces the protection of civil service rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDHRY,
RUSTAM S. SIDHWA
|
| Lawyers |
Not available
|
| Petitioners |
NAZIR AHMAD
|
| Respondents |
PUNJAB SERVICE TRIBUNAL, through its Chairman and others
|
| Citations |
1991 SLD 815,
1991 SCMR 192
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Constitution of Pakistan (1973)
|
| Sections |
16,
212(3),
185
|