Legal Case Summary

Case Details
Case ID 2c80a806-fbfc-4692-9c7c-21e95e08f13b
Body View case body.
Case Number Civil Appeal No. 53 of 2019
Decision Date Apr 09, 2019
Hearing Date Apr 03, 2019
Decision The appeal was dismissed as the court found that the respondents, who are employees of the Education Department, are entitled to receive the Conveyance Allowance during summer/winter vacations. The court emphasized that vacations cannot be treated as leave and should be considered as duty. Therefore, the deduction of the Conveyance Allowance without a proper amendment in the rules was unlawful. The impugned judgment of the High Court was upheld, reinforcing the rights of the employees regarding their entitled allowances.
Summary In the case of Civil Appeal No. 53 of 2019, the Supreme Court of Azad Jammu & Kashmir addressed the issue of whether employees of the Education Department are entitled to receive Conveyance Allowance during summer and winter vacations. The court determined that vacations are considered as duty under the Azad Jammu and Kashmir Civil Servants Revised Leave Rules, 1983, specifically Rule 25-A. This ruling confirmed that the deduction of Conveyance Allowance without an amendment to the rules is illegal. The decision emphasized that employees should not be deprived of their allowances during periods when they are technically on duty, thus reinforcing the legal rights of civil servants in the region. The judgment serves as a precedent for similar cases concerning civil servant rights related to allowances and deductions, highlighting the importance of adhering to established rules and regulations.
Court Supreme Court (AJ&K)
Entities Involved Finance Department, Azad Government, Civil Secretariat
Judges RAJA SAEED AKRAM KHAN, JAZADUSTICE GHULAM MUSTAFA MUGHAL
Lawyers Sardar Karam Dad Khan Advocate-General for Appellants, Abdul Rashid Abbasi, Sherzaman Awan, Syed Saroosh Gillani, Amjad Hameed Siddiqui for Respondents
Petitioners 10 OTHERS, FINANCE DEPARTMENT, AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR, THROUGH SECRETARY FINANCE, CIVIL SECRETARIAT, CHATTER DOMAIL, MUZAFFARABAD
Respondents OTHERS, MAHBOOB AHMED AWAN, SENIOR TEACHER
Citations 2020 SLD 1745, 2020 PLC 741
Other Citations Azad Government and others v. Abdul Kabir Qureshi and others 1995 PLC (C.S.) 46, Azad Jammu and Kashmir Government through Chief Secretary, Muzaffarabad and another v. Syed Zaman Ali Shah and 3 others PLD 1991 SC(AJ&K) 57, The Accountant General and others v. Zaman Hussain Khan 1998 PLC (C.S.) 431
Laws Involved Azad Jammu and Kashmir Civil Servants Revised Leave Rules, 1983
Sections R.25-A