MUHAMMAD NAWAZ (REPRESENTED BY HIS HEIR) vs MINISTRY OF FINANCE
This petition for leave to appeal challenges an order of the Services Tribunal, Islamabad, which held that an appeal filed by a civil servant regarding pay fixation and salary recovery abated upon the death of the appellant. The deceased appellant had sought to challenge the reduction of his substantive pay and the subsequent refixation of his salary upon promotion. The Tribunal had dismissed the appeal, ruling that the right to sue was personal to the civil servant and extinguished upon his death. The petitioners, as legal representatives, contended that the claim for recovery of emoluments constituted an inheritable right, allowing them to continue the proceedings. The Supreme Court, noting that the issue of whether such service-related proceedings abate upon the death of a civil servant is a matter of public importance and a question of first impression, granted leave to appeal to determine whether the right to sue for salary arrears survives for legal representatives.
- Does an appeal filed by a civil servant regarding salary recovery and pay fixation abate upon the death of the appellant?
- Is the right to sue for the recovery of salary arrears inheritable by the legal representatives of a deceased civil servant?
ORDER
1. NASIM HASAN SHAHJ.-This petition is directed against the order dated 9-9-1980 passed by the Services Tribunal Islamabad in Appeal No. 626(R) of 1974, whereby the said appeal was held to have abated on the death of the original appellant (Mr. Muhammad Nawaz).
2. The relevant facts are that the predecessor-in-interest of the present petitioners filed an appeal in the Services Tribunal, Islamabad, on 16-8-1974 (626-R/74) alleging that Rs. 2,760 which was the substantive pay as Joint Secretary of the Government of Pakistan could not be reduced on account of the severance of his relationship with the Pakistan Army. Furthermore, on his promotion as Additional Secretary with effect from 1st December, 1972 he continued to enjoy the protection of pay of Rs. 2,760 instead of Rs. 2,750 prescribed for that grade.
3. While the appeal was still pending Mr. Muhammad Nawaz passed away and the Legal Representatives of the deceased (the petitioners herein) tried to continue the said appeal but the learned Tribunal held that as the right to sue came to an end with the death of the civil servant concerned the appeal was liable to dismissal as having abated. In coming to this conclusion, the learned Tribunal relied upon two of its previous decisions, wherein the same view was taken. Hence this petition for leave to appeal.
4. Mr. Muhammad Bilal, in support of this petition, submitted that as the question involved was one of refund of salary in connection with refixation of pay in the service, the proceedings for the recovery of the emoluments alleged to be recoverable which were initiated by the predecessor---in- interest of the present petitioners did not abate. The right to sue, in case of this kind, was inheritable and on the death of Mr. Muhammad Nawaz, his Legal Representatives were fully entitled to continue the proceedings launched by him. The appeal could not, therefore, be held to have abated.
5. As the question raised is one of public importance and also one o first impression, we would, accordingly, grant leave to appeal in the matter. Order accordingly.
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