GUL WALI vs GOVERNMENT OF N.-W.F.P. through Secretary Local Council
This petition for leave to appeal challenged a judgment of the N.-W.F.P. Service Tribunal, which had declared the petitioner's appointment as Personal Assistant to the Tehsil Nazim void ab initio while the petitioner was merely seeking payment of unpaid salary. The core legal question was whether the Service Tribunal exceeded its jurisdiction by declaring an appointment void when the specific grievance brought before it concerned only the non-payment of salary. The Supreme Court held that the Service Tribunal acted beyond its scope by adjudicating on the validity of the appointment when that relief was not prayed for. Consequently, the Court set aside the impugned judgment, restored the petitioner's status as being in continuous service, and directed the competent authority to address the issue of unpaid salary and the petitioner's employment status in accordance with the relevant service rules. The key principle established is that a Service Tribunal should confine its adjudication to the specific relief sought by the aggrieved party and cannot unilaterally declare an appointment void ab initio when the matter before it is limited to a claim for salary.
- Does a Service Tribunal have the jurisdiction to declare an appointment void ab initio when the employee only seeks payment of salary?
- Can a Service Tribunal grant relief that was not specifically prayed for by the petitioner?
- Is the right to receive salary for services rendered considered a fundamental right under Article 9 of the Constitution of Pakistan?
- Article 9, Constitution of Islamic Republic of Pakistan 1973
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- This petition has been filed for leave to appeal against the judgment dated 24-1-2008 of the N.-W.F.P. Service Tribunal, Peshawar.
2. Precisely stating the facts of the case relevant for disposal of instant petition are that Gul Wali petitioner was recruited as Personal Assistant to Tehsil Nazim, Lukki Marwat but he was not paid salary and remunerations for the period during which he was posted, therefore, he approached Service Tribunal for redressal of his grievance but surprisingly the Service Tribunal instead of granting relief prayed for by him declared that his appointment is illegal and void ab initio, as a result whereof his services were terminated, hence; the instant petition has been filed.
3. Learned counsel for the petitioner vehemently contended that as far as the salary of an employee is concerned, it is his fundamental right in terms of Article 9 of the Constitution of Islamic Republic of Pakistan, which guarantees protection of the life and security of a person but the Service Tribunal, instead of granting relief for which he approached, has illegally directed that the very appointment of the petitioner is void ab initio.
4. When confronted with this position, learned counsel for respondents Nos.3 to 6 under instructions stated that the Service Tribunal had no jurisdiction to declare the service of the petitioner void or illegal in view of the prayer which was made before it. However, he placed reliance on the case of Dr. Naveed Tufail and others v. Government of the Punjab and others 2003 SCM R 291. Thus, he agreed to the setting. Aside of the impugned judgment and the case, therefore, to be sent back to the Department considering that petitioner Gul Wali is in the service as above noted and the Nazim shall be at liberty to deal with the issue according to the service rules with regard to payment of salary as well as his status to work as P.A. To Tehsil Nazim. Learned counsel for the petitioner has expressed no objection.
5. Thus, for the foregoing reasons, this petition is converted into appeal and the impugned judgment is set aside as a result whereof the appellant shall be deemed to be continuously in service of the Local Government and his right to salary for the period for which he has served the department shall be addressed with by the competent authority. As far as the status of the petitioner to continue as P.A. To Tehsil Nazim is concerned, it shall also be considered in accordance with the rules.
6. Accordingly, the appeal is allowed leaving the parties to bear their own costs.
Cited by 1 case
- Muhammad Musa vs Provincial Government and others 2024 PLC (C.S.) 1536