| Case ID |
376d140b-1813-4f80-a010-d53ed14dc3ca |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. K-22 of 1967 |
| Decision Date |
Jun 06, 1969 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan upheld the order of the High Court which had declared the President's subsequent order of 26-08-1962, which revoked the earlier order fixing the salary of Muhammad Himayatullah Farukhi at Rs. 1,000 per month, as without lawful authority. The court ruled that the principle of locus poenitentiae applies, allowing the government to retract decisions until a decisive step is taken, but once rights have been established, those rights cannot be revoked. The court emphasized the need for the authority that has the power to make an order also to have the power to undo it, but specified that once legal rights have been created, those rights must be protected. It concluded that the President's order of 1-10-1959, which granted Farukhi a salary of Rs. 1,000, remained valid despite the objections raised regarding the consultation with the Ministry of Finance, as the order had been duly communicated and accepted by the relevant parties. |
| Summary |
This case revolves around the legal principles concerning government employment and the authority of the President to set salary levels for civil servants. Muhammad Himayatullah Farukhi, a government servant, contested the withdrawal of his salary increase by the President of Pakistan in 1962, which had originally been granted in 1959. The Supreme Court ruled that the withdrawal was unlawful, emphasizing the importance of established rights in employment and the necessity for proper procedures when altering such rights. The decision highlighted the principle of locus poenitentiae, affirming that governmental authorities have the power to retract decisions until a decisive action is taken, but once rights are established, they cannot be revoked without due process. This case serves as a significant precedent in administrative law and employment rights within the context of government service in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.,
MUHAMMAD YAQUB ALI,
SAJJAD AHMAD,
ABDUS SATTAR,
M. R. KHAN
|
| Lawyers |
Shah Jamil Alam, Senior Advocate Supreme Court,
Shafiq Ahmad, Senior Attorney for Appellant,
Saiyed M. Sadiq, Advocate Supreme Court,
Ghulam Ali Memon, Attorney
|
| Petitioners |
PAKISTAN, THROUGH THE SECRETARY, MINISTRY OF FINANCE
|
| Respondents |
MUHAMMAD HIMAYATULLAH FARUKHI
|
| Citations |
1969 SLD 225,
1969 PLD 407
|
| Other Citations |
Shahbaz v. The State P L D 1956 F C 46,
Lt.-Col. G. L. Bhattacharya v. The State and 2 others P L D 1964 S C 503
|
| Laws Involved |
General Clauses Act
|
| Sections |
21
|