Law: Constitution of Pakistan, 1962

Section: 176

Constitution of Pakistan (1962), Art. 176-Government servant-Salary received by a Government servant is a "bounty" which is paid as an act of grace-Arrears of salary cannot be claimed as a matter of legal right-"Pleasure" of President or Governor-Whether extends to payment of salary.   A Government servant instituted a suit for declaration that the order reducing him in rank was illegal, ultra vires and void and also asked for arrears of salary, etc. The trial Court decided the suit in favour of the plaintiff and passed a decree which included the amount claimed as arrears. The lower appellate Court having affirmed this decree, the Government went in second appeal before the High Court. The contention pressed before the High Court was that the decree in respect of the claim for arrears of salary could not have been passed by the Courts below inasmuch as the salary paid to a Government servant amounts to a " bounty " which cannot be legally enforced.   On behalf of the respondent Government servant it was urged that the concept that a Government servant is merely recipient of a "bounty" which is euphemistically called the "salary" is no longer tenable as the said concept is relic of feudalism which has long ceased to be applicable to Government servants in this sub-continent in view of constitutional provisions which must now govern the situation. A further argument was that under the Constitution the "pleasure" (in Article 176) is merely confined to the tenure of the office of a Government servant; it does not extend to the salary paid to such Government servant.   The High Court feeling that there was good deal of force in the arguments of the respondent, examined the earlier provisions of law, e.g., the Government of India Acts, 1858, 1915 and 1935, the Constitution of 1956 and the corresponding provisions of the Constitution of 1962. It was observed that the liability of the Government to be sued itself connotes an obligation to honour a decree that may be passed in the suit. The doctrine that Government servants are wholly dependent on the, pleasure of the Crown for the tenure of…