| Case ID |
df25f8a9-5084-48ac-a52c-b1afc97179f1 |
| Body |
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| Case Number |
Civil Appeal No. 41 of 1959 |
| Decision Date |
Mar 09, 1960 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan held that the claim of a public servant for the payment of salary against the State is not a contractual debt but a claim on the bounty of the State, and therefore no action at law lies for its enforcement. The court emphasized that once a decision has been given, the State, as a party to the proceedings, stands on no higher footing than an ordinary litigant and must honor the decree. The appeal was allowed, and the direction issued by the High Court for the payment of arrears of salary was set aside. The court expressed concern regarding the practice of government departments evading the financial implications of declaratory decrees, highlighting the need for legislation to allow state servants to seek relief for salary claims. |
| Summary |
In this landmark case, the Supreme Court of Pakistan addressed the issue of salary claims by public servants against the State, establishing that such claims are not enforceable as contractual debts. The case arose when Fazalehaq Mussarrat, a Rehabilitation Inspector, was wrongfully dismissed and later sought reinstatement and payment of arrears through a High Court decree. The Supreme Court ruled that while the High Court's intentions were to uphold justice, the legal framework currently does not support enforcement of salary claims against the State. The Court underlined the importance of honoring judicial decrees and suggested that the government should consider enacting legislation akin to the Crown Proceedings Act, 1947, to facilitate proper recourse for public servants. This ruling reflects ongoing challenges in the legal system regarding the rights of state employees and emphasizes the need for reforms to ensure that judicial decisions are respected and implemented effectively. Keywords: salary claims, public servants, Supreme Court, legal reforms, government accountability. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of West Pakistan,
Rehabilitation Department
|
| Judges |
MUHAMMAD MUNIR, C.J.,
A. R. CORNELIUS,
AMIRUDDIN AHMAD,
S. A. RAHMAN, JJ
|
| Lawyers |
Jamil Hussain Rizvi, Advocate-General West Pakistan,
Ehsan-ul-Huq, Advocate Supreme Court,
Ijaz Ali, Attorney for Appellant,
S. M. Zafar, Advocate Supreme Court,
Munir Ahmad, Attorney for Respondent
|
| Petitioners |
GOVERNMENT OF WEST PAKISTAN
|
| Respondents |
FAZALEHAQ MUSSARRAT
|
| Citations |
1960 SLD 273,
1960 PLD 208
|
| Other Citations |
State of Pakistan v. Mehrajuddin P L D 1959 S C (Pak.) 147,
Venkata Rao's case 64 I A 55
|
| Laws Involved |
Crown Proceedings Act, 1947
|
| Sections |
Not available
|