| Case ID |
25fc3921-1aea-4eea-b449-d3c26476ea14 |
| Body |
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| Case Number |
Civil Appeal No. 156 of 1995 |
| Decision Date |
Jan 12, 1998 |
| Hearing Date |
Jan 12, 1998 |
| Decision |
The Supreme Court accepted the appeal, setting aside the Service Tribunal's order that allowed increments to the respondent, Abdul Samin, for the service rendered in a higher post which he was not qualified for. The court concluded that the respondent had no vested right to claim annual increments based on the earlier judgment of the Tribunal. However, he was entitled to the pay of the higher post for the duration he functioned in that role, but not to the benefits of increments. The court also noted the importance of qualifications for civil service positions, emphasizing that the competent authority has the discretion to allow reduced terms for those not fully qualified. |
| Summary |
In the case of Abdul Samin vs. Director, Technical Education, N.W.F.P., the Supreme Court of Pakistan addressed the issue of civil servant adjustments to upgraded posts, examining the implications of qualifications under the North-West Frontier Province Civil Servants Act of 1973. The court ruled that while the respondent was entitled to the pay of the higher post he occupied, he was not entitled to increments due to a lack of requisite qualifications. This case highlights the complexities surrounding civil service regulations and qualifications, and it underscores the need for legal clarity in employment matters within governmental frameworks. The decision is significant for civil servants seeking clarity on their entitlements and the necessity of qualifications for higher positions. Keywords: civil service, legal qualifications, Supreme Court Pakistan, North-West Frontier Province. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASAN KHAN,
NASIR ASLAM ZAHID,
MUNIR A. SHEIKH
|
| Lawyers |
Fateh Muhammad,
Muhammad Lateef
|
| Petitioners |
3 others,
DIRECTOR, TECHNICAL EDUCATION, N.W.F.P., PESHAWAR
|
| Respondents |
ABDUL SAMIN
|
| Citations |
1998 SLD 1621,
1998 PLC 1472
|
| Other Citations |
Federation of Pakistan v. Shahzada Shahpur Jan 1986 SCMR 919,
Postmaster General, Eastern Circle (E.P.), Dacca and another v. Muhammad Hashim PLD 1978 SC 61
|
| Laws Involved |
North-West Frontier Province Civil Servants Act (XVIII of 1973),
Constitution of Pakistan (1973)
|
| Sections |
17,
212(3)
|