Pakistan Case Law
2019 SCMR 142

MUHAMMAD SALEEM vs NATIONAL INDUSTRIAL RELATIONS COMMISSION and others

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Citation2019 SCMR 142
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 605-K of 2017
Date2018-07-26
Judge(s)Mushir Alam and Faisal Arab
Authored byMushir Alam
ResultPetition dismissed
Summary

This petition for leave to appeal arose from a service matter where the petitioner challenged the determination of his retirement date by the respondent. During the pendency of the proceedings, the petitioner had obtained ad interim orders allowing him to continue working. Upon final adjudication, the court upheld the respondent's determination regarding the petitioner's retirement date. Consequently, the court ordered that the salary received by the petitioner during the period covered by the ad interim orders be adjusted against the salary paid during that intervening period. The petitioner sought to retain the salary earned during this time on the basis that he had performed the work. The Supreme Court dismissed the petition, holding that a litigant cannot be permitted to benefit from their own wrong or seek protection behind court orders obtained during litigation when the underlying claim is ultimately found to be meritless. The court affirmed the principle that interim relief does not create a vested right to retain benefits if the final adjudication determines the petitioner was not entitled to the position or status during that period.

Questions settled in this judgment
  • Can a petitioner retain salary received during the currency of an ad interim order if the final judgment determines the petitioner was not entitled to the position?
  • Does a court order allowing a party to continue working during litigation create a vested right to the salary earned if the underlying claim is ultimately dismissed?
service matterad interim orderssalary adjustmentretirement datebenefit of own wrongleave to appeal

ORDER

MUSHIR ALAM, J.---Petitioner in the garb of the ad interim orders continued to work. Later on when the case was decided it was found that date of retirement as determined by the respondent was correct and during the currency of the ad interim orders the salary realized was ordered to be adjusted from the salary paid during the intervening period. Learned counsel states that since petitioner worked he may be allowed to retain the salary.

2. We are afraid that a person cannot be allowed to retain the benefit of his own wrong and cannot seeks protection behind the order of the Court. Accordingly, no case for interference of this Court is made out, therefore, petition is dismissed and leave to appeal is refused.

Cited by 1 case

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