| Case ID |
e8b40157-f544-4191-9d6f-0454b5ea185e |
| Body |
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| 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)
|