| Case ID |
377ed6c1-8eaf-49b9-8345-85059db29d3d |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 538 of 1980 |
| Decision Date |
Jun 04, 1980 |
| Hearing Date |
Jun 04, 1980 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Dr. Ehsan Ul Haq, which sought leave to appeal against the Punjab Service Tribunal's decision. The Court held that there was no violation of terms and conditions of service regarding the salary scales, as the government is entitled to prescribe different scales based on qualifications. The claim that the educational qualifications for the post of Assistant Medical Officer were equivalent was rejected, and it was determined that the prospects of promotion do not constitute a term or condition of service. The distinction created by the government between Licentiate Doctors and Medical Technicians was upheld, as it was based on rational grounds. The petitioner's grievance was not substantiated under the law, leading to the dismissal of the petition. |
| Summary |
In the case of Civil Petition No. 538 of 1980, the Supreme Court of Pakistan reviewed the appeal of Dr. Ehsan Ul Haq regarding the Punjab Service Tribunal's ruling on pay scales for Assistant Medical Officers. The petitioner argued that the qualifications for the post were treated equally, and thus the distinction made by the government in pay scales was unfair. The Supreme Court emphasized that the prospects of promotion are not considered a part of the terms of service and that the government has the authority to set different pay scales based on qualifications. The decision reinforced the principle that qualifications can justify different treatment in civil service pay scales, leading to the conclusion that the petition lacked merit. This case highlights important aspects of public service law and the discretion of government authorities in framing service rules. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
SHAFI UR REHMAN
|
| Lawyers |
Wasim Sajjad,
Rana Maqbool Ahmad
|
| Petitioners |
DR. EHSAN UL HAQ
|
| Respondents |
THE PROVINCE OF PUNJAB AND OTHERS
|
| Citations |
1980 SLD 430,
1980 SCMR 972
|
| Other Citations |
Government of West Pakistan v. Fida Muhammad Khan P L D 1960 S C 45
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
212(3)
|