| Case ID |
44f2f8a3-171c-4292-8ef4-01e87b05eefe |
| Body |
View case body. Login to View |
| 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
|