Case Details

Citation(s)
2009 SLG 1580 2009 SLD 1580 2009 SCMR 177
Supreme Court of Pakistan
C.P.L.A. No.1651-L of 2007, decision dated: 23rd October, 2008
SARDAR MUHAMMAD RAZA KHAN AND SHEIKH HAKIM ALI, JJ

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MUHAMMAD ANWAR SIDDIQUI

VS

DEVELOPMENT AUTHORITY and 2 others

Law:

Section:

(a) Civil service---Increments, withholding of---Discriminatory treatment---Effect---Record showed that civil servant had been treated discriminately qua the other employees having the cases of similar nature---No reasonable explanation was provided by the authorities for refusal of the release of advance increments after their sanction by the competent authority in the case of civil servant---Plea of authorities of uniform policy could not be accepted in the case of civil servant, as the increments were sanctioned in favour of civil servant in the year 1996, with effect from 10-11-1996, while the trumpeted uniform policy had come into existence in the year 2002, after more than 6 years of the order of sanction which could not be applied with retrospective effect, so as to exclude the lone case of civil servant---Supreme Court, in circumstances, directed the authorities to pay the sanctioned advance increments to the civil servant within a period of two months. (b) Laches--- ---Applicability---Scope---Rule of laches being not a rule of universal application, had to be applied to the facts and circumstances of its own case---Principles. JUDGMENT SHEIKH HAKIM ALI, J.--- Good performance requires appreciation, once appreciated, it should not be deprecated. Once increments are sanctioned and promised, many dreams and hopes are created. In such a case, it should not be retreated. The above is the complaint and case of the petitioner in nutshell through this petition. 2. Facts forming the background for filing of this civil petition are that petitioner who had joined Lahore Development Authority (LDA) as Accounts Clerk with the qualification of B.A. in the year 1987. Due to incentives, he had improved his academic qualification by passing LL.B. and five M.As., so he was awarded two increments for that higher qualification. As the performance of petitioner was also found satisfactory and excellent, so in the year 1996, two more advance increments with effect from 10-11-1996 were also sanctioned in his favour, along with some other employees, by the then Vice-Chairman of L.D.A. Although this order, according to petitioner, was implemented in the relevant record but the…
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