| Case ID |
2a6f4e5b-2a92-4679-a244-a2c292dfa686 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.1215-L of 2005 |
| Decision Date |
Feb 14, 2006 |
| Hearing Date |
Feb 14, 2006 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal. The court held that the petitioner, Lt. Col. (R.) Abdul Wajid Malik, had no legal right to claim benefits such as pay, allowances, perks, and privileges due to the upgradation of his post as Officer on Special Duty (OSD). The judgment emphasized that such benefits can only be conferred if the civil servant is promoted to a higher grade. The court found that the petitioner failed to provide a legal basis for his claims regarding additional allowances during his service as OSD, as no official duties were assigned to him during that period. The court reiterated that the government employee is entitled only to the sanctioned pay for their post, and no extra benefits could be claimed without legal justification. The appeal filed by the petitioner was dismissed on the grounds of lack of merit and absence of public interest in the matter. |
| Summary |
In the case of Lt. Col. (R.) Abdul Wajid Malik vs. Government of the Punjab, the Supreme Court of Pakistan deliberated on the legal entitlements of civil servants regarding benefits associated with upgradation of posts. The court concluded that the petitioner, despite his claims for additional allowances and benefits during his tenure as Officer on Special Duty (OSD), had no enforceable legal right to those claims as he was not promoted to a higher grade. The judgment stressed that civil servants cannot claim benefits simply due to the upgradation of their posts without a corresponding promotion. This case highlights critical aspects of civil service law, particularly regarding the rights and privileges of government employees in Pakistan. The decision reinforces the principle that any benefits must be explicitly sanctioned and that claims for additional allowances must be substantiated with relevant legal grounds. This ruling is significant for civil servants seeking clarity on their entitlements under the law, emphasizing the necessity for promotions to access upgraded benefits. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
CH. IJAZ AHMED
|
| Lawyers |
Not available
|
| Petitioners |
Lt. Col. (R.) ABDUL WAJID MALIK
|
| Respondents |
another,
GOVERNMENT OF THE PUNJAB
|
| Citations |
2007 SLD 1991,
2007 PLC 617
|
| Other Citations |
PLD 1996 SC 324,
1984 PLC (C.S.) 304,
1995 PLC (C.S.) 1178,
PLD 1970 SC 415
|
| Laws Involved |
Punjab Service Tribunal Act (IX of 1974),
Constitution of Pakistan (1973)
|
| Sections |
4,
Art.212(3)
|