Legal Case Summary

Case Details
Case ID e8b40157-f544-4191-9d6f-0454b5ea185e
Body View case body.
Case Number Civil Petition No. 86-P of 1991
Decision Date Oct 07, 1992
Hearing Date Oct 07, 1992
Decision The Supreme Court dismissed the leave to appeal against the judgment of the Peshawar High Court. The petitioner, a civil servant, had voluntarily accepted the terms of his appointment as a Theology Teacher in BPS-9 and could not later claim entitlement to a higher grade. The Court upheld the view that the upgradation of posts was a policy matter, and the petitioner had no legal basis to demand a higher grade post after retirement. Consequently, the petition was dismissed as lacking merit.
Summary In the case of Civil Petition No. 86-P of 1991, the Supreme Court of Pakistan addressed the entitlement of a civil servant to a higher grade after having accepted a lower grade position. The petitioner, who served as a Theology Teacher, argued that he was discriminated against compared to a colleague who held a higher post. However, the Court ruled that the petitioner had accepted the terms of his service upon appointment and could not retroactively claim a higher grade. The decision emphasized the importance of adherence to service terms and the non-interference in administrative policy by the judiciary. This case underscores the legal principles surrounding employment contracts and civil service regulations. The ruling serves as a significant precedent in employment law, particularly in cases involving civil servant entitlements and administrative discretion in post classifications.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges ABDUL QADEER CHAUDHRY, SAEEDUZZMNAN SIDDIQUI
Lawyers Atiqur Rehman
Petitioners SAIFUL HANAN
Respondents CHAIRMAN, WAPDA and others
Citations 1994 SLD 900, 1994 PLC 1102
Other Citations Not available
Laws Involved Constitution of Pakistan (1973)
Sections Art. 185(3)