| Case ID |
3096523b-ddc5-41d6-a5ee-b999d787cd58 |
| Body |
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| Case Number |
R.A.No. 325 of 1986 |
| Decision Date |
Nov 30, 1986 |
| Hearing Date |
Nov 30, 1986 |
| Decision |
The rejection of the plaint under Order VII, rule 11 of the Civil Procedure Code was upheld by the appellate court. The petitioner, a Central Government servant, claimed that the refixation of his pay and the consequent sanction of pension at a lower rate were unlawful. The courts concluded that the matter fell under the Service Tribunals Act, 1973, and thus, the plaint was rightly rejected. The petitioner had the option to appeal to the Service Tribunal regarding the alteration of his service conditions, including pension. The appellate court found no merit in the revision application, thus dismissing it. |
| Summary |
This case involved the rejection of a plaint by the Sindh High Court concerning the claims of a Central Government servant regarding the legality of his pay refixation and pension sanction. The petitioner argued that the actions taken were without lawful authority, affecting his rights. The court determined that the matter was under the jurisdiction of the Service Tribunals Act, which provides a specific remedy for civil servants facing grievances related to their service conditions. The ruling emphasized the importance of proper legal channels for appeals in service matters, reinforcing the jurisdiction of service tribunals over civil courts in such cases. This case highlights the procedural nuances in civil service disputes and the necessity for petitioners to utilize the correct legal frameworks for their grievances, ensuring a systematic approach to resolving employment-related disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
MUHAMMAD ZAHOORUL HAQ, J,
MUHAMMAD ASAR HUSSAIN
|
| Lawyers |
|
| Petitioners |
MUHAMMAD ASAR HUSSAIN
|
| Respondents |
another,
ISLAMIC REPUBLIC OF PAKISTAN
|
| Citations |
1987 SLD 1175,
1987 PLC 432
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Civil Services Appeal Rules, 1977,
Civil Procedure Code (V of 1908)
|
| Sections |
4,
4(a),
O.VII, R.11
|