| Case ID |
2b992cb6-1c1d-40ac-97b2-715e7582d4f1 |
| Body |
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| Case Number |
Civil Petition No. 242 of 1993 |
| Decision Date |
Oct 16, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to determine whether the Federal Service Tribunal correctly interpreted Fundamental Rule 17 regarding the entitlement of a civil servant to special pay. The case involved a civil servant who claimed special pay from the date he reported for duty rather than the date he assumed charge of the position. The Tribunal ruled in favor of the civil servant, but the Supreme Court's decision questioned this interpretation based on previous judgments and established rules regarding the commencement of pay and allowances. |
| Summary |
In the case of Civil Petition No. 242 of 1993, the Supreme Court of Pakistan addressed the entitlement of civil servants to special pay under Fundamental Rule 17. The court examined the circumstances surrounding the appointment of a Group Officer and the subsequent claims for special pay. The decision emphasized the importance of interpreting rules consistently with existing judgments, particularly regarding when an officer begins to draw pay and allowances. This case highlights the complexities involved in administrative law and the rights of public servants, making it a significant reference point for future cases involving similar issues of compensation and entitlements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal
|
| Judges |
ABDUL QADEER CHAUDHRY,
SAJJAD ALI SHAH,
WALI MUHAMMAD KHAN
|
| Lawyers |
Mumtaz Ali Mirza,
Rao Muhammad Yusuf Khan
|
| Petitioners |
Ch. AZIZUDDIN
|
| Respondents |
MILITARY ACCOUNTANT GENERAL, RAWALPINDI
|
| Citations |
1994 SLD 731,
1994 PLC 509
|
| Other Citations |
1985 SCMR 1394
|
| Laws Involved |
Fundamental Rules,
Constitution of Pakistan (1973)
|
| Sections |
R.17,
Art. 212(3)
|