| Case ID |
2673e2ef-641c-402c-b3ca-a73bce6f1b47 |
| Body |
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| Case Number |
Civil. Petition for Leave to Appeal No. 155-K of 1 |
| Decision Date |
Jul 26, 1999 |
| Hearing Date |
Jul 26, 1999 |
| Decision |
The Supreme Court converted the petition into an appeal and deleted the observation made by the Service Tribunal that loss caused to the Government should be recovered from the personal pocket of the posting and transferring authority. The court found no justification for this observation, emphasizing that a civil servant may not always receive an immediate posting due to considerations of suitability, and such delays should not be construed as punitive. The court directed that if a civil servant is transferred without a posting, immediate steps should be taken to ensure further posting to prevent loss to the public treasury. |
| Summary |
In the case of Civil. Petition for Leave to Appeal No. 155-K of 1999, the Supreme Court of Pakistan addressed a significant issue concerning civil servant postings and the responsibilities of government authorities. The case arose when Ahsanullah, a civil servant, challenged a notification that directed him to report to the Education Department without a posting or salary. The Sindh Service Tribunal ruled in his favor, directing payment of his salary and consideration for a posting. However, the Tribunal also made a controversial observation that any loss to the treasury for a civil servant kept without posting should be recovered from the personal pocket of the relevant authority. The Supreme Court found this observation unjustified, highlighting that delays in posting are sometimes necessary for evaluating an officer's suitability for available positions. The Court emphasized the need for prompt action to ensure civil servants are not left without postings, thereby maintaining public financial integrity. This case underscores the balance between administrative responsibilities and the rights of civil servants, reflecting ongoing discussions about governance, civil service management, and accountability in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. IJAZ NISAR,
MARRIOON KAZI,
KAMAL MANSUR ALAM
|
| Lawyers |
Ainuddin, Additional Advocate-General,
Wajahat Niaz, Advocate-on-Record
|
| Petitioners |
PROVINCE OF SINDH through Chief Secretary, Government of Sindh
|
| Respondents |
AHSANULLAH
|
| Citations |
2000 SLD 939,
2000 SCMR 1237,
2000 SLD 1351
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3)
|