| Case ID |
2681d91c-cb18-490c-bad9-f028af521df5 |
| Body |
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| Case Number |
Civil Appeal No. 1197 of 1996 |
| Decision Date |
Jun 17, 1998 |
| Hearing Date |
Jun 17, 1998 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by the Government of Punjab against the decision of the Punjab Service Tribunal, which had allowed Capt. (Retd.) Muhammad Ashfaq's entitlement to the selection grade of Rs.2000-100-2200 effective from May 13, 1966, until March 1, 1972. The Court found that the Tribunal correctly determined that the lack of allocation of selection grade posts to the Province of Punjab did not affect Ashfaq's rights to the selection grade, which was supported by earlier recommendations from the Public Service Commission and the Governor's assent. The Court emphasized that the respondent's retirement benefits should not be jeopardized at this stage, reinforcing the principle that civil servants are entitled to their earned benefits without undue delay or harassment. |
| Summary |
In the case of Civil Appeal No. 1197 of 1996, the Supreme Court of Pakistan dealt with the appeal concerning the entitlement of Capt. (Retd.) Muhammad Ashfaq to a selection grade within the context of civil service regulations. The legal framework involved included the Constitution of Pakistan, the Service Tribunals Act, and various civil servants' laws. The case highlighted the importance of timely recognition of civil service entitlements and the implications of administrative decisions on retired personnel. The Court upheld the Tribunal's decision that the selection grade should be granted retroactively, emphasizing the legal rights of civil servants to receive benefits they were entitled to, without unnecessary obstruction from the administrative authorities. This judgment serves as a significant precedent in the realm of civil service law and administrative justice, reinforcing the protections afforded to civil servants in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN, C.J.,
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
M. Zaman Bhatti, Advocate Supreme Court,
Rao Muhammad Yusuf Khan, Advocate-on-Record,
Afzal Ahmad, Advocate Supreme Court,
Ejaz Ahmed Khan, Advocate-on-Record
|
| Petitioners |
GOVERNMENT OF THE PUNJAB through Chief Secretary and others
|
| Respondents |
Capt. (Retd.) MUHAMMAD ASHFAQ
|
| Citations |
2000 SLD 1009,
2000 SCMR 1504,
2000 SLD 1422
|
| Other Citations |
Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539
|
| Laws Involved |
Constitution of Pakistan (1973),
Service Tribunals Act (LXX of 1973),
Civil Servants Act (LXXI of 1973),
West Pakistan (Gazetted) Civil Services (Pay Revision) Rules, 1964
|
| Sections |
Art. 212(3),
S. 4,
S. 9
|