| Case ID |
38d2356a-07aa-4f5a-b421-439cd60c91d9 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 63-R of 1989 |
| Decision Date |
Jan 31, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to examine the contentions raised by the civil servant regarding his entitlement to arrears of pay and allowances. The court noted that a vested right had been created in favor of the civil servant due to his pro forma promotion, which entitled him to benefits as if he had worked on a higher post. The Tribunal's dismissal of the appeal was challenged as it had overlooked the increments granted to the petitioner and the seniority recognized over his junior. The court acknowledged the need to consider similar cases where consequential benefits were granted, leading to the decision to grant leave to appeal. |
| Summary |
In the landmark case of Civil Petition No. 63-R of 1989, the Supreme Court of Pakistan addressed crucial issues regarding seniority and the entitlement to arrears of pay for civil servants. The petitioner, a civil servant who was overlooked for promotion in favor of a junior officer, argued that he had been granted increments and seniority over his junior, thereby creating a vested right in his favor. The case hinged on the interpretation of Article 212(3) of the Constitution of Pakistan, which deals with the rights of civil servants. The court's decision to grant leave to appeal reflects the importance of ensuring fair treatment and recognition of service rights within the civil service framework. Key cases referenced, including Muhammad Athar v. Pakistan, provided precedent for the argument that the petitioner should receive all due benefits retroactively, akin to having served in a higher position. This case emphasizes the need for transparency and equity in civil service promotions and pay structures, making it vital for future interpretations of civil servant rights and entitlements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. USMAN ALI SHAH,
ABDUL QADEER CHAUDHRY
|
| Lawyers |
Not available
|
| Petitioners |
S.A. KURESHY
|
| Respondents |
PAKISTAN through Secretary, Establishment Division
|
| Citations |
1991 SLD 983 = 1991 SCMR 472
|
| Other Citations |
Muhammad Athar v. Pakistan PLD 1962 SC 367,
Muhammad Ashraf v. Province of West Pakistan PLD 1973 Lah. 42,
Mazhar Hussain v. Govt. of West Pakistan PLD 1973 Lah. 56
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art.212(3)
|