1989 PLP 1439 (SCMR)
Malik MUHAMMAD AZAM and 4 others Appellants Versus PROVINCE OF PUNJAB and 2 others‑‑Respondents
| Citation | 1989 PLP 1439 (SCMR) |
| Forum / Court | ‑‑‑Sched. as amended dated 7‑9‑1980‑‑Notification No.FD‑PC‑2‑1/77, dated 16‑5‑1977‑‑Constitution of Pakistan (1973), Art.212(3)‑‑Pay Revision Rules, 1977, were made applicable to the employees of Local Councils Service of all categories in all respects by a notification, dated 16‑5‑1977‑‑Amendment in the Schedule to Pay Revision Rules, 1977 was notified on 7‑9‑1980 as a result of which a category of employees in Grade‑l1 were placed in Grade‑15 from a specified date‑ Appellants' claim to benefits under amending notification of 7‑9‑1980 was denied on the ground that said notification was not automatically applicable unless formally adopted by the Government‑‑Appellants' petition against denial of benefits was dismissed by the High Court‑‑Leave was granted to consider that the main Rules of 1977 having been made applicable, subsequent amendments became applicable to the appellants who were entitled to the benefit of the notification, dated 7‑9‑1980. |
| Bench Members | Nasim Hasan Shah, Ghulam Mujaddid and Ali Hussain Qazilbash, JJ |
| Parties | Malik MUHAMMAD AZAM and 4 others Appellants Versus PROVINCE OF PUNJAB and 2 others‑‑Respondents |
Q1: What are the key laws and sections cited in 1989 PLP 1439 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1439 (SCMR)?
The case was heard and decided by the ‑‑‑Sched. as amended dated 7‑9‑1980‑‑Notification No.FD‑PC‑2‑1/77, dated 16‑5‑1977‑‑Constitution of Pakistan (1973), Art.212(3)‑‑Pay Revision Rules, 1977, were made applicable to the employees of Local Councils Service of all categories in all respects by a notification, dated 16‑5‑1977‑‑Amendment in the Schedule to Pay Revision Rules, 1977 was notified on 7‑9‑1980 as a result of which a category of employees in Grade‑l1 were placed in Grade‑15 from a specified date‑ Appellants' claim to benefits under amending notification of 7‑9‑1980 was denied on the ground that said notification was not automatically applicable unless formally adopted by the Government‑‑Appellants' petition against denial of benefits was dismissed by the High Court‑‑Leave was granted to consider that the main Rules of 1977 having been made applicable, subsequent amendments became applicable to the appellants who were entitled to the benefit of the notification, dated 7‑9‑1980. bench comprising: Nasim Hasan Shah, Ghulam Mujaddid and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1439 (SCMR) (Malik MUHAMMAD AZAM and 4 others Appellants Versus PROVINCE OF PUNJAB and 2 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M.S. Siddiqi, Advocate Supreme Court and Manzoor Elahi, Advocate on‑Record for Petitioners Nos. I and 2.
- M. Nawaz Abbasi, Asstt. A.‑G. and Rao Muhammad Yousuf, Advocate on‑Record for Respondents Nos. 1 and 2.
- Kaukab lqbal, Advocate‑on‑Record for Respondent No.3.
- Date of hearing: 14th February, 1989.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, Rawalpindi Bench, dated 4th April, 1984 in Writ Petition No.376 of 1983). (a) Punjab Civil Servants (Pay Revision) Rules, 1977‑‑ ‑‑‑Sched. [as amended dated 7‑9‑1980]‑‑Notification No.FD‑PC‑2‑1/77, dated 16‑5‑1977‑‑Constitution of Pakistan (1973), Art.212(3)‑‑Pay Revision Rules, 1977, were made applicable to the employees of Local Councils Service of all categories in all respects by a notification, dated 16‑5‑1977‑‑Amendment in the Schedule to Pay Revision Rules, 1977 was notified on 7‑9‑1980 as a result of which a category of employees in Grade‑l1 were placed in Grade‑15 from a specified date‑ Appellants' claim to benefits under amending notification of 7‑9‑1980 was denied on the ground that said notification was not automatically applicable unless formally adopted by the Government‑‑Appellants' petition against denial of benefits was dismissed by the High Court‑‑Leave was granted to consider that the main Rules of 1977 having been made applicable, subsequent amendments became applicable to the appellants who were entitled to the benefit of the notification, dated 7‑9‑1980. (b) Punjab Civil Servants (Pay Revision) Rules, 1977 ‑‑‑Sched. [as amended by Notification dated 7‑9‑1980]‑‑Notification No.FD‑PC‑2 1/77, dated 16‑5‑1977‑‑Two of the appellants were already enjoying revised Grade‑‑Respondent's plea was that matter had not yet been finalised‑‑With regard to other appellants record showed a note appended with Constitutional petition in reply to appellants' claim that the Mayor of Corporation had moved the case of appellants for grant of revised Grade but before any final order could be passed by the Government, appellants had filed the Constitutional petition‑ Final order in respect of aggrieved appellants, had yet to be passed, a position not controverted by the appellants‑‑Appeal having no merits was dismissed in circumstances.
Judgment & Decree
GHULAM MUJADDID, J.‑‑This appeal by Malik Muhammad Azam and four others is by leave of this Court. On 16‑5‑1977, the Punjab Civil Servants (Pay Revision) Rules, 1977, by means of Notification No.FD‑PC‑2‑1/77 were made applicable to the employees of the Local Councils Service of all categories in all respects as provided in the same Rules. The amendment in the schedule to the said Rules was notified on 7‑9‑1980 as a result of which the Superintendents (Non‑Secretariat Office) in Grade‑11 were placed in Grade‑15 w.e.f. 1‑9‑1980. The appellants claimed the benefit under the amending notification of 7‑9‑1980. It was denied to them. The Provincial Government's reply was that the notification was not automatic applicable unless formally adopted by the Government in the Local Government and Rural Development Department. The appellants by means of a Constitution. petition challenged the Government's stance before the Lahore High Court Their petition was dismissed in liming. Leave was granted to consider that the main rules of 1977 having been made applicable. The subsequent amendments were applicable automatically to A the appellants who were entitled to the benefit of the notification dated 7‑9‑1986. During the course of arguments of the learned counsel for the appellants, it was brought to our notice that appellants Malik Muhammad Azam and Shamas Din were already enjoying NPS‑
16. With regard to the remaining three appellants, learned counsel appearing for the respondents submitted that matter had not yet been finalised. In support of this he drew our attention to the report submitted by respondent No.2 to the Constitution Petition filed by the appellants. The relevant portion of the report is to the following effect:‑ "...The Mayor, Municipal Corporation Rawalpindi moved the case of the petitioners through the Commissioner Rawalpindi Division for grant of NPS‑15 but before any final order could be passed by the Government in the matter, they chose to file this Writ Petition." It was submitted that it is thus obvious that the final order has not yet been passed. This position is not challenged by the learned counsel for the appellants. It is, therefore, clear that their case is yet to be finalised. For the foregoing reasons this appeal has no merit. It is dismissed with no order as to costs. A.A./M‑802/5 Appeal dismissed.