Legal Case Summary

Case Details
Case ID 44f2f8a3-171c-4292-8ef4-01e87b05eefe
Body View case body.
Case Number Civil Petition for Special Leave to Appeal No. 108
Decision Date Apr 02, 1980
Hearing Date
Decision The Supreme Court dismissed the petition by the Government of Punjab seeking leave to appeal against the Punjab Service Tribunal's order. The Tribunal had ruled in favor of an Executive Engineer claiming five advance increments based on a Finance Department circular. The Court upheld the Tribunal's interpretation that incumbents of certain posts were entitled to such increments based on their qualifications, emphasizing that the recall of the circular was not permissible even with non-recovery of payments already made. The Court found no merit in the petition, affirming the Tribunal's decision as legally sound.
Summary In the case of Government of Punjab vs. Muhammad Amin, the Supreme Court of Pakistan addressed the issue of advance increments for government employees. The central question revolved around a circular issued by the Finance Department that granted five advance increments to certain employees, which was later recalled. The respondent, an Executive Engineer, appealed against this recall, arguing that he was entitled to the increments based on his qualifications. The Supreme Court upheld the decision of the Punjab Service Tribunal, which had ruled in favor of the respondent, stating that the circular had created an entitlement that could not be revoked without due process. The Court emphasized the importance of adhering to established administrative practices and the protections afforded to employees under the law. This case highlights the complexities of administrative law and the rights of public servants, particularly in relation to their entitlements and qualifications. It serves as a key reference for similar cases involving employment rights and administrative decisions in Pakistan.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges Aslam Riaz Hussain, Shafi-ur-Rehman
Lawyers Mian Nusratullah, Advocate Supreme Court, Sh. Ejaz Ali, Advocate-on-Record
Petitioners another, Government of Punjab
Respondents Muhammad Amin
Citations 1981 SLD 379, 1981 SCMR 675
Other Citations Not available
Laws Involved Constitution of Pakistan (1973)
Sections Art. 212