Promotion, better terms & conditions or reinstatement: Civil servant’s claim is ‘survivable claim’: SC

ISLAMABAD: The Supreme Court on Saturday ruled that a claim by a civil servant for his promotion, better terms and conditions or for reinstatement in service is survivable claim and passes on in the shape of pecuniary and pensionary benefits to his legal heirs.

Such a claim may arise under the service laws but also enjoys constitutional underpinning, therefore such right does not abate upon his death, said the court.

The question before the apex court was whether the appeal filed by a civil servant in the Federal Service Tribunal (“Tribunal”) would abate on his death or his legal heirs could pursue the same.

A three-member bench headed by Justice Manzoor Ahmad Malik comprising Justice Syed Mansoor Ali Shah and Justice Amin-ud-Din Khan had heard the appeal of Regional Operation Chief, National Bank of Pakistan, Sargodha against the order of Federal Service Tribunal dated 14.09.2015.

Rana Ejaz Ahmad, a grade III officer, was departmentally proceeded against by the petitioners and was awarded major penalty of reduction to a lower stage of pay by three steps. The decedent challenged the imposition of penalty but died during pendency of his appeal before the tribunal.

The tribunal allowing the legal heirs of the decedent to be impleaded as a party to the appeal pending before it on 14-09-2015 rejected the objection of the petitioners that the claim of the decedent did not survive after his death.

The petitioners had pleaded before the apex court that no remedy has been provided to the legal heirs of a civil servant under the Service Tribunals Act, 1973 and, therefore, the respondents could not be permitted to pursue the claim initiated by the decedent.

The judgement authored by Justice Mansoor Ali Shah, said: “Under our constitutional scheme, abatement of proceedings on the death of a civil servant, in a case, where the cause of action carries a survivable interest will unduly deprive the decedent civil servant, as well as, his legal heirs of their constitutional rights to livelihood, property, dignity and fair trial.”

The court noted that the apex court in the Chief Secretary Punjab vs Chaudhry Iftikhar Ahmad case held that peculiar benefits to which the legal heirs would become entitled would not allow the “lis” to abate on the death of a civil servant.

The court noted that the decedent in addition to assailing penalty imposed on him was seeking payment of wages which would have been due had he not been punished in departmental proceedings. It said if the departmental decision is overturned in appeal, the heirs of the decedent would at least inherit back benefits which their predecessor would have got, had he succeeded in appeal in his lifetime. It is noteworthy that the heirs’ entitlement to service benefits may sometimes transcend usual gains like pension, gratuity, etc. The respondents in the instant petition would receive some benefits in case they are able to vindicate their stand before the Tribunal. Such a claim does not extinguish with the death of civil servant. Letting the claim lapse on the basis of an ultra textualist interpretation of the Act would be denying the heirs the right to seek adjudication on merits. The tribunal is deemed to be a civil court for the purpose of deciding an appeal and has the same powers as are vested in such court under the Code of Civil Procedure, 1908 (“CPC”).19 Rule 33 of Order XLI of CPC empowers a Court of Appeal to pass any decree, said the judgement.

Copyright Business Recorder, 2021