| Case ID |
43bf79dc-b62b-4d98-ac17-9c8ff9737596 |
| Body |
View case body. Login to View |
| Case Number |
611/1131 of 1984 |
| Decision Date |
Mar 10, 1985 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the logic of retrospectivity applies to both the government and civil servants. The petitioners argued against the recovery of the Rest and Recreation Allowance paid after July 1, 1983, citing that the transaction was past and closed. However, it was determined that the petitioners benefited from the retrospectivity of the new pay scales and thus could not complain about the retrospective application of the recovery order. The decision acknowledged that the petitioners had received increased pay under the revised pay scales, negating claims of injustice. The appeal was found to lack merit and was dismissed without costs. |
| Summary |
In the case of Muhammad Akram and others vs Secretary to Government of Punjab, the Service Tribunal dealt with the issue regarding the retrospectivity of the government's orders concerning the Rest and Recreation Allowance. The case arose after the introduction of new Basic Pay Scales effective from July 1, 1983, which significantly increased the basic pay for civil servants and simultaneously disallowed the Rest and Recreation Allowance from that date. The petitioners challenged the government's recovery order, asserting that it could not be applied retrospectively to amounts already drawn. The Tribunal analyzed the implications of retrospectivity in employment compensation and concluded that the petitioners had already benefited from the increased pay scales, therefore their claims against the retrospective recovery were dismissed. This case highlights the complex interplay between government policy changes and employee entitlements, and it underscores the importance of legal clarity in matters of compensation and allowances within the public service. Keywords: Rest and Recreation Allowance, Basic Pay Scales, Punjab Service Tribunals, retrospective application, civil service compensation. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL JABBAR KHAN,
ABDUL HAMID CHAUDHRY,
MIAN FAIZ KARIM
|
| Lawyers |
Riaz Anwar,
A. G. Humayun
|
| Petitioners |
9 OTHERS,
MUHAMMAD AKRAM
|
| Respondents |
ANOTHER,
SECRETARY TO GOVERNMENT OF PUNJAB,
FINANCE DEPARTMENT
|
| Citations |
1985 SLD 2176,
1985 PLC 819
|
| Other Citations |
PLD1977SCMR12,
PLD1961 SC 89,
PLD 1974 S tr 180
|
| Laws Involved |
Punjab Service Tribunals Act, 1974
|
| Sections |
Not available
|