Law:

Section:

Through the instant writ petition under Article 199 of Constitution of Islamic Republic of Pakistan, 1973 the petitioner has called into question the legality and validity of impugned office order dated 13.05.2009 issued by Regional HR Chief, National Bank of Pakistan, D.G. Khan and letter dated 19.05.2009 issued by Manager, National Bank of Pakistan, Qasba Gujrat whereby the respondents withdrew the benefits of advance increments which were awarded to the petitioner on having higher qualification. 2. Briefly the facts of the case are that the petitioner was appointed as Cashier Grade-I in National Bank of Pakistan on 20.05.1995. The petitioner was allowed five increments on the basis of higher qualification/B.A. In consequence of this order, the petitioner continued to draw the pay fixed in terms of the said order. The respondent No.3 vide office order dated 13.05.2009 withdrew the said benefit of advance increments given to the petitioner since 1995. Similarly, the respondent No.5 has also issued letter dated 19.05.2009 on the same subject. Hence, this writ petition. 3. It is contended by the learned counsel for the petitioner that the respondents are not entitled to recover the paid amount of increments for a period of 14-years under the principle of locus poenitentiate. 4. On the other hand, learned counsel for the respondents submits that the writ petition is not competent as their rules are non-statutory. He further states that the petitioner was not entitled to have incentives increments as he has not improved his qualification during service as mentioned in circular No.23/93 dated 31.03.1993 issued by respondents' bank. He further submits that rules framed in the year 1980 are non-statutory which impliedly repealed Rules, 1973. 5. Heard. Record perused. 6. The contention of the learned counsel for the respondents that the writ petition is not competent as Rules, 1980 of respondents' bank are non-statutory, has no force. The rules of National Bank of Pakistan Staff Service Rules 1973 were framed with prior approval of the Federal Government. The same could only be repealed by subsequent rules with prior approval of Federal Government. 1980 Rules were…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492