| Case ID |
3775e097-0aa5-4bc1-b9b1-1356f27c99d1 |
| Body |
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| Case Number |
Civil Petition No.3095 of 2003 |
| Decision Date |
Sep 23, 2005 |
| Hearing Date |
Sep 23, 2005 |
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the case concerning the entitlement of a civil servant to advance increments after re-employment. The Court examined whether the civil servant could benefit from duplicate advance increments for his prior service in the Pakistan Air Force and subsequent employment at the F-6 Rebuild Factory, Kamra. The Court noted that the Service Tribunal had previously allowed the civil servant's appeal regarding the continuation of advance increments after re-employment. The key issues included the interpretation of relevant government instructions and rules governing civil servants, the validity of the merger of advance increments into pay and pension, and the applicability of the principle of locus poenitentiae. The Court's decision emphasized adherence to established legal principles and directives applicable to government servants. |
| Summary |
This case revolves around the legal interpretation of advance increments for civil servants upon re-employment after retirement from military service. It highlights the complexities involved in the application of government rules and directives, particularly concerning the entitlement of civil servants to benefits accrued during previous service. The Supreme Court's ruling is significant for civil servants seeking clarity on their rights regarding pay increments and the implications of prior employment on current entitlements. By addressing the principle of duplicate benefits and the merger of increments into pay, the Court provides a framework for future cases involving similar issues. This case serves as a crucial reference for understanding the intersection of military and civil service regulations, making it relevant for legal practitioners, policymakers, and civil servants alike. The ruling underscores the importance of clear legal standards and the need for adherence to established guidelines in public service employment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAVED IQBAL,
MIAN SHAKIRULLAH,
JAN,
TASSADUQ HUSSAIN,
JILLANI
|
| Lawyers |
Raja Muhammad Irshad, D.A.-G.,
Ch. Muhammad Akram, Advocate-on-Record,
Ch. Afrasiab Khan, Advocate Supreme Court
|
| Petitioners |
3 others,
CHAIRMAN PAC BOARD, KAMRA
|
| Respondents |
AZHAR HUSSAIN
|
| Citations |
2007 SLD 1829,
2007 PLC 217
|
| Other Citations |
Chairman Selection Committee v. Wasif Zamir Ahmad 1997 SCMR 15,
Chairman Minimum Wage Board v. Fayyaz Khan Khattak 1999 SCMR 1004
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan (1973)
|
| Sections |
4,
212(3)
|