| Case ID |
374d0154-d6f8-4198-b423-74cfdb0055ff |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.436-P of 199 |
| Decision Date |
Jan 28, 1999 |
| Hearing Date |
Jan 28, 1999 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal against the order of the Peshawar High Court that annulled the termination of a civil servant’s services. The court found that the authority, which appointed the civil servant, could not later claim that the appointment was void ab initio. The argument that the appointment was made at the behest of a minister was rejected, emphasizing that the authority could not change its stance on the regularization of the civil servant's services. The decision highlighted the principle that once a competent authority has recognized a civil servant's status, it cannot later deny it without substantial justification. |
| Summary |
This case revolves around the termination of a civil servant who was initially appointed on an ad hoc basis but claimed that his services were regularized under the North-West Frontier Province Civil Servants (Regularization of Services) Act. The Supreme Court's decision emphasizes the importance of legal consistency and the principle of estoppel, where an authority cannot contradict its previous admissions about a civil servant's status. The court's ruling reinforces the protection of civil servants against arbitrary dismissal, particularly when their appointments have been regularized by law. This case serves as a precedent for future disputes regarding employment rights and the regularization of services in the civil sector. Keywords include civil service, termination of service, regularization of services, legal consistency, and employment rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Minimum Wages Board, Peshawar
|
| Judges |
MUHAMMAD BASHIR,
JEHANGIRI,
ABDUR REHMAN KHAN
|
| Lawyers |
Talat Qayyum Qureshi, Additional Advocate-General, N.-W.F.P.,
Haji M.A. Qayyum Mazher, Advocate-on-Record for Petitioners,
Fateh Muhammad Khan, Advocate Supreme Court,
K.G. Saber, Advocate-on-Record for Respondent
|
| Petitioners |
anothers,
CHAIRMAN, MINIMUM WAGES BOARD, PESHAWAR
|
| Respondents |
FAYYAZ KHAN KHATTAK, RESEARCH OFFICER, MINIMUM WAGES BOARD; PESHAWAR
|
| Citations |
1999 SLD 582,
1999 SCMR 2768
|
| Other Citations |
1996 SCMR 413
|
| Laws Involved |
West Pakistan Minimum Wages Rules, 1962,
North-West Frontier Province Civil Servants (Regularization of Services) Act (I of 1988),
Constitution of Pakistan (1973)
|
| Sections |
R. 13,
S. 3,
Art. 185(3)
|