| Case ID |
23988a31-3c82-4557-a884-c707fadc76ce |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. K-1 |
| Decision Date |
Nov 04, 1975 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by the Province of Sind, upholding the decision of the Sind Service Tribunal, Karachi. The Court held that the respondents, untrained teachers whose salaries were fixed under the 1963 notification, were rightfully denied progressive grade pay under the subsequent 1965 notification. This denial was found to be violative of Article 178(3) of the Constitution of Pakistan, which governs civil service appointments and salary structures. The Court emphasized that there was no discoverable principle that could justify the refusal of grade pay to the respondents by an executive fiat. Additionally, the Court addressed the second ground regarding the government's role in litigation, asserting that the government should not engage in litigation against its own employees unless a high principle is involved. Since the case did not present a question of law of general importance under Article 212(3), the Supreme Court did not find it necessary to interfere. Consequently, the petition was dismissed, upholding the tribunal's decision that the respondents were entitled to the grade pay in force at the time of their entry into service. |
| Summary |
In the landmark case of Civil Petition for Special Leave to Appeal No. K-125 of 1975, the Supreme Court of Pakistan deliberated on critical issues pertaining to civil service appointments and salary structures under the Constitution of Pakistan, 1962. The case revolved around untrained Senior Vernacular (S.V.) teachers employed in 1957-58 whose salaries were initially fixed under the 1963 West Pakistan Gazette notification without distinguishing between trained and untrained teachers. A subsequent notification in 1965 revised the salaries, adversely affecting the untrained teachers by denying them progressive grade pay, which was challenged as violating Article 178(3) of the Constitution. The Sind Service Tribunal had previously ruled in favor of the respondents, granting them the grade pay they were entitled to, a decision that was appealed to the Supreme Court. The petitioners, including the Province of Sind and the Education Department of Karachi, argued that the tribunal erred in its judgment. However, the Supreme Court upheld the tribunal's decision, emphasizing that the initial salary fixation was valid and that the subsequent denial of grade pay lacked a discoverable principle, thereby contravening constitutional provisions. Furthermore, the Court addressed the government's involvement in litigation, reinforcing that the government should not pursue legal actions against its employees unless justified by significant legal principles. The absence of a substantial question of law of public importance under Article 212(3) led the Court to dismiss the petition, affirming the respondents' rights to the grade pay in place at their time of service entry. This decision underscores the judiciary's role in safeguarding civil service entitlements and ensuring that executive actions conform to constitutional mandates, thereby reinforcing the rule of law in administrative matters. The case remains a significant reference point for civil service compensation disputes and the interpretation of constitutional provisions related to employment and remuneration in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
PROVINCE OF SIND,
EDUCATION DEPARTMENT, KARACHI
|
| Judges |
ANWARUL HAQ,
MUHAMMAD GUL
|
| Lawyers |
Usman Ghani Rashid,
Noor Ahmad Noori
|
| Petitioners |
2 others,
PROVINCE OF SIND THROUGH THE SECRETARY, EDUCATION DEPARTMENT, KARACHI
|
| Respondents |
GHULAM RASUL,
35 others
|
| Citations |
1976 SLD 258,
1976 SCMR 297
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
Article 178(3),
Article 198(3),
Article 212(3)
|