Law: Service Tribunals Act, 1973

Section: LXX,4

Service Tribunals Act (LXX of 1973)-------S. 4---Terms and conditions of service---Pay package---Employments of two different creeds--Judgment per incuriam---Respondent/civil servant was employee of Pakistan Atomic Energy Commission (PAEC), an autonomous body, who switched his service through Federal Public Service Commission and was appointed as Assistant Director---Respondent/civil servant was aggrieved of disallowing the benefit of pay protection by government---Service Tribunal allowed his appeal on the foothold that when contract employees, who were also non-civil servants, could get their pay-protection vide Finance Division's O.M dated 31-05-2013, then it would be discriminatory not to allow benefit of pay-protection to other non-civil servants---Validity---There was no rationale to compare or equate two different creed of employees within the one and the same employment status/pattern to invoke or bring up equality clause or treating it discriminatory rather than considering grant of pay-protection strictly in accordance with applicable rules and policy---When any decision of Court or Tribunal was found in ignorance or lack of knowledge of a relevant statutory provision or a binding decision of Court of earlier provisions or decisions, it was called a decision per incuriam, i.e., the decision was made in unfamiliarity/ignorance or obliviousness of pertinent statues or precedents as done by Service Tribunal in the present case--Supreme Court set aside judgment passed by Service Tribunal resultantly appeal filed by respondent / civil servant was dismissed---Appeal was allowed.Muhammad Azam Chaudhry v. Federation of Pakistan Civil Appeal No. 1158 of 2009; The Ministry of Finance through Secretary Government of Pakistan, Islamabad v. Atiq-ur-Rehman and another C.P. No. 5046 of 2017; Wharton's Law Lexicon Fifteenth Edition; Satrucharla v. Vijayarama (2006) 1 SCC 212 and Justice Khurshid Anwar Bhinder and others v. Federation of Pakistan and another PLD 2010 SC 483 rel.Date of hearing: 5th December, 2024.JUDGMENTMUHAMMAD ALI MAZHAR, J.---This Civil Petition for leave to appeal is directed against the Judgment dated 05.01.2022 passed by the learned Federal…