Legal Case Summary

Case Details
Case ID 450ff435-cc2f-481a-bd00-ae91d2e7e328
Body View case body.
Case Number Appeal No. 75 (K) of 1980
Decision Date Apr 12, 1983
Hearing Date Mar 17, 1983
Decision The appeal was accepted, directing the respondents to make payment of the amount still remaining unpaid out of the emoluments that accrued to the appellant as Director, Maritime Safety for the period from January 1, 1979, to May 13, 1980. The tribunal found merit in the appellant's claim that he held exclusive charge of the post of Director, Maritime Safety until May 13, 1980, and was entitled to the pay and allowances of said post for that duration. The contention that the appeal was incompetent due to improper addressing was rejected, affirming the validity of the departmental representation made by the appellant.
Summary In the case of Shujaat Ali Qarni vs. Director-General/Joint Secretary, Ports and Shipping Wing, the Federal Service Tribunal addressed the issues surrounding the appellant’s ad hoc appointment as Director, Maritime Safety. The tribunal ruled that despite the initial administrative decisions, the appellant was entitled to his salary for the period he held the position. This case emphasizes the importance of proper administrative protocol in handling appeals and representations within government service. The tribunal clarified that representations made to incompetent authorities should not be dismissed outright but forwarded appropriately, ensuring fairness in administrative processes. This case is significant in establishing precedents for the treatment of ad hoc appointments and reinforces the rights of civil servants regarding their pay and allowances during appointed terms. Keywords: Federal Service Tribunal, ad hoc appointment, civil servants, administrative representation, salary entitlement.
Court Federal Service Tribunal
Entities Involved Not available
Judges A. O. Raziur Rehman, Muhammad Irshad Khan
Lawyers Manzoor Ali Khan, Niaz Ahmad-Chan
Petitioners Shujaat Ali Qarni
Respondents 2 Others, Director-General/Joint Secretary, Ports and Shipping Wing, Ministry of Communications
Citations 1983 SLD 1700, 1983 PLC 709
Other Citations Not available
Laws Involved Service Tribunals Act (LXX of 1973), Civil Servants Act (LXXI of 1973)
Sections 4 (1), 11 (1) (iii), 17