Law:

Section:

Civil service----Grant of "selection grade" and grant of "senior scale"---Distinction---Rationale behind grant of "selection grade" was to compensate employees who worked against a particular post for a long period because of delayed promotion to the next higher scale or any other exigency of service, but still the prospects of promotion were not ruled out; whereas rationale behind grant of "senior scale" to employees was to keep their zest, to serve the department, alive as they had to remain (on the same scale) from the date of their recruitment to the date of their retirement for want of prospects of their promotion---"Selection grade" was granted once while "senior scale" was granted on completion of service for a specified period. Muhammad Siddique, Stenographer, FIA Headquarters, Islamabad and another v. Secretary, Establishment Division, Islamabad and 5 others 2001 SCMR 252 distinguished. ORDER EJAZ AFZAL KHAN, J.---This appeal with the leave of the Court has arisen out of the judgment dated 10-11-2009 of the Service Tribunal, Islamabad, whereby the appeal filed by the appellant was partially allowed to the extent that he will not refund the amount already paid to him since 22-7-2005. 2. Since leave to appeal was granted on the strength of order dated 23-7-2010 of this Court, it would be appropriate to refer thereto which reads as under:-- "We have heard petitioner in person at some length. We find that in terms of Serial No.46, an extract from the Esta-Code, the Government had decided to raise the posts of senior scale drivers from 20 to 50% of total posts in every Ministry/Department. Petitioner was duly granted this senior scale on 22-7-2005 by the competent authority as he was found qualified for the same. However, vide the order dated 20-1-2007, the senior scale was withdrawn on the ground that the concession of senior scale was not available to the drivers and consequently, the petitioner was placed from NPS-7 to NPS-6. The order withdrawing the senior scale prima facie appears to be violative of principle of locus poenitentiae. In these circumstances, we are persuaded to direct respondent No.1 to file a concise statement within a week and the case…

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