Law: National Institute of Electronics Service Rules, 1998

Section: 8(1)

Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 8B(4),(5),(6),(7)

National Institute of Electronics Service Rules, 1998--- ----R. 8(1)---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Rr. 8B (4), (5), (6) & (7)---Pension, calculation of---Retirement while working on an Acting Charge basis post---Last pay drawn---Illegal appointment on Acting Charge basis---Effect---Employee of National Institute of Electronics, whose original basic scale was BS-19, was appointed to a post in BS-20 on Acting Charge basis---Employee reached his age of superannuation while working in the BS-20 post on Acting Charge basis---Upon his retirement employee was issued Last Pay Certificate in BS-19 instead of BS-20---Legality---Employee in question was not validly appointed on Acting Charge basis in BS-20---For purposes of appointment on Acting Charge Basis, the procedure laid down under Rr.8B (4), (5), (6) & (7) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 would be applicable to employees of National Institute of Electronics---In terms of the said Rules, first there had to be a vacancy and the person appointed on such vacancy on Acting Charge basis had to be the senior most officer in his pay scale/cadre and was otherwise eligible for promotion, which eligibility should also qualify tenural limitations---Material available on record did not reveal that the employee in question was the senior most officer in BS-19, besides he was not recommended by the Selection Board as provided under R. 8(1) of the National Institute of Electronics Service Rules, 1998, for appointment on Acting Charge basis in BS-20---Federal Minister concerned who had appointed the employee to BS-20 on Acting Charge basis did not have the competence to do the same without the recommendations of the Selection Board---Appointment of employee in question in BS-20 on Acting Charge basis was unwarranted in law being invalid, thus he could not claim pensionary benefits of BS-20---Appeal was allowed accordingly. Province of Sindh and others v. Ghulam Farid 2014 SCMR 1189 ref. JUDGMENT AMIR HANI MUSLIM, J.---This Petition for leave to Appeal is directed against judgment dated 5-6-2012 whereby the Writ Petition filed by the respondent…

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