| Case ID |
224d00f6-edef-48f0-9642-a2e864c3dc21 |
| Body |
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| Case Number |
Appeal No. 137(R) of 1987 |
| Decision Date |
Jan 30, 1989 |
| Hearing Date |
|
| Decision |
The appeal was accepted, granting Ibrahim Shah the salary of BPS-17 retroactive to January 1, 1983, along with increments. The tribunal noted that the appellant had been performing the duties of Accounts Officer since that date, despite not being formally promoted until April 11, 1985. The decision emphasized the entitlement of civil servants to receive their rightful salary and benefits when they are qualified and performing the duties of a higher post. The tribunal directed that the pension, gratuity, and other retirement benefits should be revised accordingly based on the enhanced salary calculations. |
| Summary |
This case revolves around the promotion and salary entitlements of Ibrahim Shah, a civil servant who was performing the role of Accounts Officer in BPS-17 without formal promotion. The Federal Service Tribunal ruled in favor of Shah, stating that he was entitled to BPS-17 pay from January 1, 1983, due to continuous service in that capacity. The tribunal clarified that even without formal promotion, the law mandates that civil servants should receive the salary of the post they are performing if they are qualified. The tribunal referenced previous cases to support its decision, emphasizing the protection of civil servant rights under the Service Tribunals Act and the Limitation Act. This case highlights the importance of proper administrative processes and the rights of civil servants in Pakistan. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Chaudhri,
Misbah Ullah Khan
|
| Lawyers |
Abdul Ghafoor,
Aftab Mahmud,
Abdul Aziz
|
| Petitioners |
Ibrahim Shah
|
| Respondents |
Secretary, Establishment Division, Rawalpindi
|
| Citations |
1990 SLD 1264,
1990 PLC 95
|
| Other Citations |
Federation of Pakistan v. Shahzada Shahpur Jan 1986 S C M R 991
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Limitation Act (IX of 1908)
|
| Sections |
4,
17,
5
|