| Case ID |
209b374b-18d0-4c3c-b92e-2ed3f9f9668a |
| Body |
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| Case Number |
Civil Appeal No. 559 of 2020 |
| Decision Date |
Sep 16, 2020 |
| Hearing Date |
Sep 16, 2020 |
| Decision |
The Supreme Court of Pakistan set aside the order passed by the Federal Service Tribunal, which directed the competent authority to process the case for allotment of an additional plot in favor of the respondent. The Court concluded that the respondent, who received a pro forma promotion to BS-22, was only entitled to arrears of pay and allowances and not to any additional benefits such as an allotment of a residential plot. The Tribunal had exceeded its jurisdiction by modifying its original decision and by expanding the scope of its ruling to include reliefs that were not granted in the original judgment. The Court emphasized that the policy for allotment of plots was limited to civil servants who were promoted to Federal Secretaries and did not extend to those granted pro forma promotions. Therefore, the appeal was allowed, and the Tribunal's earlier orders were deemed illegal and without jurisdiction. |
| Summary |
This case revolves around the legal entitlements of a civil servant, specifically regarding pro forma promotions and the associated benefits. The Supreme Court of Pakistan ruled on the limitations of relief available to civil servants who had been granted such promotions, emphasizing that they were entitled only to arrears of pay and allowances, not additional benefits like residential plots. This ruling highlights the interpretation of Fundamental Rules, specifically F.R. 17, and sets a precedent for similar cases involving civil service promotions. The decision clarifies the boundaries of the Federal Service Tribunal's jurisdiction, reinforcing the need for adherence to established policies regarding civil service benefits. Keywords such as 'pro forma promotion', 'civil service benefits', and 'Supreme Court of Pakistan' are essential for understanding the implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL AHSAN, JUSTICE
|
| Lawyers |
Sajid Ilyas Bhatti, Additional Attorney General for Pakistan,
Syed Rifaqat H. Shah, Advocate-on-Record for Appellant
|
| Petitioners |
SECRETARY ESTABLISHMENT DIVISION, ISLAMABAD
|
| Respondents |
TAHAWWAR AHMAD
|
| Citations |
2021 SLD 1046,
2021 PLC 319
|
| Other Citations |
Not available
|
| Laws Involved |
Fundamental Rules
|
| Sections |
F.R. 17
|