| Case ID |
2b509366-117b-4cac-a0f5-3b8af0330b0c |
| Body |
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| Case Number |
Civil Appeal No. 28 of 1969 |
| Decision Date |
Jul 10, 1970 |
| Hearing Date |
Mar 11, 1970 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the respondent, Mrs. A. V. Issacs, declaring that her dismissal from service was illegal and not conducted in accordance with the law. The court emphasized that a civil servant has the right to recover arrears of salary that have accrued due to them, despite being dismissed. This ruling was significant in determining the contractual relationship between civil servants and the state, further establishing that salaries are not merely a bounty of the state, but a right that can be enforced legally. The court ordered a retrial of the case to determine the specifics of the salary owed to the respondent for the period of her wrongful dismissal. |
| Summary |
In the landmark case of Civil Appeal No. 28 of 1969, the Supreme Court of Pakistan addressed the rights of civil servants regarding the recovery of salary arrears. The court found that Mrs. A. V. Issacs was wrongfully dismissed from her position as a nurse, leading to her claim for unpaid salary. The judgment underscored the principle that government employees have a legal right to their salaries, which cannot be viewed as a discretionary bounty by the state. This ruling is pivotal in reinforcing the contractual nature of employment for civil servants in Pakistan, particularly in light of the provisions of the Constitution of Pakistan (1962) and the Civil Procedure Code, which protect the rights of employees to claim their dues. The decision has significant implications for the treatment of civil servants and the state's obligations towards them, marking a critical development in labor rights within the legal framework of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federation of Pakistan,
Mrs. A. V. Issacs
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQUB ALI, J.,
SAJJAD AHMAD, J.,
M. R. KHAN, J.,
WAHEEDUDDIN AHMAD, J.
|
| Lawyers |
M. B. Zaman, Advocate-General West Pakistan,
M. Dilawar Mahmood, Assistant Advocate-General West Pakistan,
Muhammad Abdullah Bajwa, Advocate Supreme Court,
Muhammad Hussain, Advocate Supreme Court,
Abdul Karim, Advocate-on-Record,
Sharifuddin Pirzada, Attorney-General for Pakistan,
A. H. Najafi, Advocate Supreme Court,
Iftikharuddin Ahmad, Advocate-on-Record,
Asrarul Hussain, Additional Attorney-General East Pakistan,
Nurul Haq, Advocate-on-Record,
Aftab Hussain, Senior Advocate Supreme Court,
Muhammad Mehdi Anwar, Advocate-on-Record
|
| Petitioners |
MRS. A. V. ISSACS
|
| Respondents |
PAKISTAN THROUGH GENERAL MANAGER, P. W. R., LAHORE
|
| Citations |
1970 SLD 97,
1970 PLD 415
|
| Other Citations |
High Commissioners for India and Pakistan v. I. M. Lall P L D 1948 P C 150,
State of Pakistan v. Mehrajuddin P L D 1959 S C (Pak.) 147,
Federation of Pakistan v. Mrs. A. V. Issacs P L D 1956 S C (Pak.) 431,
Noorul Hassan and others v. The Federation of Pakistan P L D 1956 S C (Pak.) 331,
Federation of Pakistan v. Ali Ahmad Hussain Shah P L D 1955 F C 522
|
| Laws Involved |
Constitution of Pakistan (1962),
Civil Procedure Code,
Presidency Towns Insolvency Act
|
| Sections |
178(3),
60(1),
1
|