| Case ID |
2d213925-51f3-4761-afb8-7f020791b29e |
| Body |
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| Case Number |
Appeal No. 823 (K) of 1974 |
| Decision Date |
Feb 15, 1979 |
| Hearing Date |
Feb 15, 1979 |
| Decision |
The appeal of M. K. Jaskani has been accepted, allowing him to draw pay in the scale of Rs. 600-1,150 effective from 1st July, 1959. The decision emphasized that the Government cannot withdraw or revise an order that has taken legal effect and created rights for the individual after a considerable duration. The Tribunal found it unjustifiable to enforce recovery of overdrawn amounts when the petitioner had been drawing his entitled salary for eight years. The ruling was based on the interpretation of the Service Tribunals Act and relevant case law, asserting that the petitioner was confirmed against a post sanctioned in the higher pay scale. The decision also highlighted that the circumstances leading to the delay in filing the appeal were beyond the petitioner's control, justifying the condonation of the delay. |
| Summary |
In the landmark case of M. K. Jaskani vs. Ministry of Agriculture, the Service Tribunal of Sindh addressed issues pertaining to salary entitlements under the Service Tribunals Act (LXX of 1973). The case revolved around the retrospective revision of pay scales and the legality of withdrawing previously sanctioned salary entitlements. The Tribunal concluded that the appellant, M. K. Jaskani, was entitled to maintain his pay scale of Rs. 600-1,150, which had been effective since July 1, 1959, despite conflicting orders from the Ministry of Finance. The ruling underscored the importance of maintaining established rights and the necessity of providing due process before altering salary entitlements. The decision serves as a critical reference for similar cases involving employment rights and salary disputes in public service, reinforcing the principle that changes in pay cannot be made retroactively to the detriment of civil servants. The case also highlighted the procedural delays and complications faced by employees in the public sector when pursuing their rights, emphasizing the need for timely resolution of such disputes. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Service Tribunal,
Ministry of Agriculture
|
| Judges |
SHAH ABDUR RASHID (CHAIRMAN),
N. A. CHOUDHRY (MEMBER)
|
| Lawyers |
Ahmad Said for Appellant,
Syed Muhammad Shahudul Haque for the State
|
| Petitioners |
M. K. Jaskani
|
| Respondents |
MINISTRY OF AGRICULTURE
|
| Citations |
1980 SLD 1429,
1980 PLC 495
|
| Other Citations |
P L D 1969 S C 407,
P L D 1969 Dacca 254,
P L D 1965 S C 102,
P L D 1963 Dacca 433
|
| Laws Involved |
Service Tribunals Act (LXX of 1973)
|
| Sections |
4
|