| Case ID |
ed637a5d-7631-42a6-a3f2-daaa12d50136 |
| Body |
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| Case Number |
Civil Petitions Nos. 105-P, 106-P, 107-P and 108-P |
| Decision Date |
Nov 13, 1995 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal in the case brought by the Province of N.W.F.P. and others against decisions made by the N.W.F.P. Service Tribunal. The Tribunal had allowed advance increments to employees who improved their qualifications under certain conditions, leading to the petitioners challenging the basis of these decisions. The Court sought to clarify the rights of the employees under the North-West Frontier Province Civil Servants Act and the implications of the Government's letters regarding the grant of such increments. The decision highlighted the need for clarity on legal entitlements in relation to educational qualifications and the authority of the Provincial Government in making such determinations. |
| Summary |
In the Supreme Court case concerning Civil Petitions Nos. 105-P, 106-P, 107-P and 108-P of 1995, the court examined the rights of civil servants in the North-West Frontier Province (N.W.F.P.) regarding advance increments based on higher educational qualifications. The employees, who were instructors in Technical Training Centres, challenged the government's restrictions on granting such increments based on the relevance of their qualifications to their fields. The court's decision centered on the interpretation of the North-West Frontier Province Civil Servants Act and the implications of various government correspondence that addressed the eligibility criteria for these increments. The outcome underscored the legal principles governing civil service entitlements and the obligations of the government to uphold such rights, as well as the need for statutory clarity in administrative decisions. This case is significant for civil servants seeking recognition for their educational advancements, particularly in fields that may not directly align with their job roles. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
North-West Frontier Province
|
| Judges |
RAJA AFRASIAB KHAN,
MUKHTAR AHMAD JUNEJO,
MUHAMMAD BASHIR,
JEHANGIRI
|
| Lawyers |
Abdul Qadir Khattak,
Additional Advocate-General, N.-W.F.P.
|
| Petitioners |
3 others,
PROVINCE OF N.W.F.P. through Chief Secretary, Peshawar
|
| Respondents |
others,
MOMIN KHAN
|
| Citations |
1998 SLD 1474,
1998 PLC 852
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Civil Servants Act,
Constitution of Pakistan
|
| Sections |
17,
212(3)
|