Law:

Section:

JUDGMENT   DR. SAJID QURESHI, J.---Brief facts are that the petitioner was performing his duties in National Construction Limited (NCL) under the administrative control of the Ministry of Housing and Works since 22nd June, 1976, when the services of the petitioner were requisitioned by the Senate Secretariat from Ministry of Housing and Works, Government of Pakistan and terms and conditions of deputation were duly agreed and consented between the incumbent, Senate Secretariat/borrowing and lending department. The services of the petitioner were absorbed with benefits of counting the seniority in his parent department. However, no fresh terms and conditions were settled between the petitioner and the Senate Secretariat/borrowing and lending department and the previous service of the petitioner was also counted, therefore, the petitioner continued to draw his salary as such from the date of his absorption i.e. 29th September, 2003 to the date of promotion as Additional Secretary in BPS-21 on 18th November, 2005. That after promotion as Additional Secretary, the salary of the petitioner was reduced to even less than salary drawn by the petitioner in previous scales i.e. Joint Secretary in BPS-20. Representation was made to AGPR and as a result the actual salary of the petitioner was restored with the advice to the Senate Secretariat to get the said pay protected by the Chairman Senate (competent authority) under section 21-A of the Senate Secretariat (Recruitment) Rules, 1973. To this the respondent No.1 sent a reference on certain points to the Finance Division who replied, to which the petitioner did not agree then the petitioner again filed an department appeal which has not been responded to. A letter was issued to the petitioner to deposit an amount of Rs.2,80,897, (which has been overpaid regarding pay and allowances and which was to be recovered under Rule 215 of the Federal Treasury Rules), in the State Bank of Pakistan. Further, the petitioner was also directed to deposit an amount of Rs.3,97,814 in the office of AGPR on account of C.P. Fund and Rs.4,50,555 on account of pension contribution in the State Bank of Pakistan on the directions of…

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