| Case ID |
f95c5d40-46c2-47d2-816a-b9b580039a1e |
| Body |
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| Case Number |
402/300 of 1983 |
| Decision Date |
Apr 07, 1984 |
| Hearing Date |
|
| Decision |
The appeal of the appellants is accepted, and the impugned orders dated 2nd July, 1983 and 1st August, 1983 are set aside. The order dated 28th February, 1983 of respondent No. 1 is restored. This decision confirms that once a government order has been implemented and acted upon, it cannot be rescinded to take away vested rights that have already been granted. The case aligns with previous rulings that emphasize the protection of civil servants' rights to their salaries and benefits once they have been awarded under valid government orders. |
| Summary |
This case revolves around the appeal made by civil servants concerning the withdrawal of their increment and selection grade by the District Education Officer, Lahore. The appellants, who were S. V. Teachers, had been granted selection grades based on a government policy that allowed for such increments. After the implementation of this order, a revised decision was made by the authorities, which sought to withdraw the selection grades. The tribunal ruled that the withdrawal of the selection grade violated the vested rights of the appellants, as they had already acted upon the earlier decision. The ruling highlights the importance of upholding the rights of civil servants and ensuring that government decisions are honored once they have been implemented. The court emphasized that the government cannot rescind orders that have already granted rights and benefits to employees under valid decisions. This case is significant for civil service law, as it reinforces the principles of fairness and the protection of employee rights within public service. Keywords: civil service rights, selection grade, Punjab Service Tribunals, government orders, education department. |
| Court |
Service Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
S. ABDUL,
JABBAR KHAN,
ABDUL HAMID CHAUDHRY,
MIAN FAIZ KARIM
|
| Lawyers |
Masud Ahmad Riaz,
A. G. Humayun
|
| Petitioners |
Ch. MUHAMMAD SIDDIQUE,
Ch. FATEH MUHAMMAD,
Ch. TAJ MUHAMMAD,
HUSSAIN ALI
|
| Respondents |
SECRETARY TO GOVERNMENT OF THE PUNJAB, FINANCE DEPARTMENT, LAHORE,
THE DISTRICT EDUCATION OFFICER, LAHORE,
DIRECTOR OF PUBLIC INSTRUCTIONS (SCHOOLS), PUNJAB, LAHORE
|
| Citations |
1984 SLD 1702,
1984 PLC 1134
|
| Other Citations |
Nazar Hassain v. District Education Officer Lahore 1981 P L C (C. S.) 835,
Rashid Ahmed v. Deputy Director (Schools), Rawalpindi and others Case No. 535/1945 of 1982
|
| Laws Involved |
Punjab Service Tribunals Act, 1974
|
| Sections |
Not available
|