| Case ID |
edfe9f85-5e4c-4899-b052-7d569bd7c962 |
| Body |
View case body. Login to View |
| Case Number |
Appeal No.108 of 1993 |
| Decision Date |
Feb 14, 1994 |
| Hearing Date |
Feb 02, 1994 |
| Decision |
The Service Tribunal, Sindh, in Appeal No.108 of 1993, delivered a landmark judgment on February 14, 1994, presided over by Justice (Retd.) Munawarali Khan and Ghulam Abbas Soomro. The appellant, A. Rashid Khan Sherwani, a high-ranking Secretariat officer promoted to B.P.S. 20, contested the denial of his Secretariat Allowance following his posting outside the Secretariat to serve as a Member of the Sindh Service Tribunal. The Tribunal meticulously examined the provisions of the Sindh Civil Servants Act, 1973, particularly Section 10, which mandates that civil servants transferred outside their cadre must retain favorable terms of service, including allowances. The appellant demonstrated that the Secretariat Allowance, constituting 20% of his basic salary, is an essential component of his emoluments and its non-payment amounted to a disadvantageous variation of his terms of service, violating the Act. The respondents failed to provide a consistent rationale, as internal directives from the Finance Department appeared contradictory regarding the applicability of the allowance to officers posted outside the Secretariat. Recognizing the essential nature of the Secretariat Allowance, the Tribunal concluded that its denial was unlawful. Consequently, the appeal was allowed, and the impugned order was set aside, reinforcing the protection of civil servants' financial entitlements irrespective of their postings. This decision underscores the judiciary's role in upholding statutory protections for government employees, ensuring equitable treatment, and preventing arbitrary variations in compensation. The judgment has significant implications for administrative practices, emphasizing the necessity for government departments to align internal policies with legislative mandates to safeguard employees' rights and maintain fair employment conditions within the civil service framework. |
| Summary |
In the pivotal case of A. Rashid Khan Sherwani versus the Government of Sindh, adjudicated by the Service Tribunal, Sindh, the fundamental rights of civil servants concerning their entitlements were passionately upheld. The appellant, a distinguished Secretariat officer promoted to B.P.S. 20, was reassigned outside the Secretariat to serve as a Member of the Sindh Service Tribunal. This transfer, mandated by government necessity rather than personal choice, led to the controversial denial of his Secretariat Allowance—a critical component constituting 20% of his basic salary. The crux of the legal dispute rested on the interpretation and application of the Sindh Civil Servants Act, 1973, specifically Section 10, which stipulates that civil servants assigned outside their designated cadre must retain terms of service that are no less favorable than those applicable within their original postings. The appellant contended that the withholding of the Secretariat Allowance not only diminished his overall emoluments but also contravened the statutory protections afforded to him under the Act. Represented by Abdul Latif Ansari, AA.-G. for the Government, the respondents argued based on internal directives and circulars from the Finance Department, which ambiguously addressed the applicability of allowances to officers serving outside the Secretariat. However, the Tribunal identified inherent contradictions within these directives, highlighting a failure to consistently uphold the legislative mandates. Justice (Retd.) Munawarali Khan, alongside Member Ghulam Abbas Soomro, meticulously analyzed the legal provisions and the factual matrix, recognizing that the Secretariat Allowance is an indispensable part of a Secretariat officer's compensation. The decision emphasized that allowances integral to an employee's role must be maintained to prevent any adverse financial impact due to administrative transfers. By allowing the appellant's appeal and setting aside the impugned order, the Tribunal reinforced the judiciary's commitment to safeguarding civil servants' rights, ensuring that government policies do not undermine statutory entitlements. This judgment serves as a cornerstone for future cases involving civil service transfers and allowances, underscoring the imperative for coherent and consistent application of laws governing public employment. Moreover, it highlights the necessity for government departments to harmonize internal policies with legislative frameworks to avoid discrepancies that could erode employee trust and violate legal protections. The case of Sherwani versus the Government of Sindh not only affirms the legal protections for civil servants but also sets a precedent for the equitable treatment of government employees, ensuring that their financial and professional interests are duly protected irrespective of their administrative assignments. This ruling is a testament to the judiciary's pivotal role in maintaining the balance between administrative efficiency and employee rights, fostering a fair and just civil service system in Sindh. |
| Court |
Service Tribunal, Sindh
|
| Entities Involved |
Chief Secretary,
Government of Sindh,
Finance Department,
Service Tribunal, Sindh,
Secretary, Service Government of Sindh
|
| Judges |
JUSTICE (RETD.) MUNAWARALI KHAN,
GHULAM ABBAS SOOMRO
|
| Lawyers |
Abdul Latif Ansari, AA.-G. for the Government.
|
| Petitioners |
A. RASHID KHAN SHERWANI
|
| Respondents |
GOVERNMENT OF SINDH through Chief Secretary,
Secretary, Service Government of Sindh and another
|
| Citations |
1994 SLD 879,
1994 PLC 1023
|
| Other Citations |
Not available
|
| Laws Involved |
Sindh Civil Servants Act, 1973
|
| Sections |
10,
2(e)
|