| Case ID |
44fd87cd-e25c-4e5b-853c-1b32d386e9e1 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petitions Nos.1158 and 1159 of 2009 |
| Decision Date |
Sep 28, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitions for leave to appeal against the judgment of the Federal Service Tribunal, which had ruled in favor of civil servants' entitlement to a special allowance. The Court found that the authorities had not raised a question of law of public importance nor provided sufficient evidence to support their claims regarding the nature of the posts held by the civil servants. This decision reinforced the Tribunal's finding that the special allowance was applicable based on the relevant notification, and the authorities had not properly contested the merits of the Tribunal's decision. |
| Summary |
In the case of Civil Petitions Nos.1158 and 1159 of 2009, the Supreme Court of Pakistan addressed the issue of special allowances for civil servants working in the Islamabad Capital Police. The Finance Division had declined to grant these allowances, arguing that the civil servants were not in technical positions. However, the Federal Service Tribunal ruled that the civil servants were entitled to the special allowance based on the notification issued by the Finance Department. The Supreme Court upheld the Tribunal's decision, emphasizing that the authorities failed to substantiate their claims or raise pertinent legal questions. This case highlights the importance of adhering to established regulations regarding civil servant allowances and the necessity for authorities to provide clear evidence when contesting entitlements. Keywords: Supreme Court, civil servants, special allowance, Finance Division, Islamabad Capital Police, Federal Service Tribunal, legal entitlements. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Finance Division,
Islamabad Capital Police
|
| Judges |
Tassaduq Hussain Jillani,
Mahmood Akhtar Shahid Siddiqui,
Rahmat Hussain Jaffery
|
| Lawyers |
Dil M. Khan Alizai, Deputy Advocate-General,
Ch. Muhammad Akram, Advocate-on-Record,
Abdul Rahim Bhatti, Advocate Supreme Court
|
| Petitioners |
Finance Division through Secretary
|
| Respondents |
Muhammad Aslam and another
|
| Citations |
2011 SLD 1697 = 2011 PLC 612
|
| Other Citations |
Not available
|
| Laws Involved |
Service Tribunals Act (LXX of 1973),
Constitution of Pakistan
|
| Sections |
4,
212(3)
|