Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan, 1973---.--- ---.---Art. 199---.---Constitutional petition---.---Up-gradation of post---.---Retired employees/field officers---.---Retired before date of up-gradation---.---Entitlement to payment of up-gradation amount---.---Validity---.---Petitioners were not entitled to up-gradation amount and service emoluments on basis of office memo No. F.37-8/PODB (Admin.)/401, dated 30.7.2008, as claimed and that too retrospectively. THIS JUDGMENT DELIVERED BY: ANWAR HUSSAIN, JUSTICE:---.--- The petitioners were appointed in the Ghee Corporation of Pakistan in 1976, and were retired on 01.08.2001 and 24.04.2008, respectively, from the Pakistan Oilseed Development Board, which is under the Ministry of Food, Agriculture/Respondent No. 1. 2. The case of the petitioners is that they are Graduates having B.Sc (Agriculture) Degrees, from the University of Sindh and were appointed in the Ghee Corporation of Pakistan and by Notification No. F-17-3, dated 08.02.1995, all assets and posts of National Monitoring and Co-ordination Unit (NMCU) of the National Oil Seed Development (NODB) and Seed Division of Ghee Corporation of Pakistan (GCP), were transferred to newly constituted Pakistan Oilseed Development Board (PODB), of Ministry of Food, Agriculture and Livestock, thereby the officers /officials named with their designation and pay scales mentioned in the List therein, stood absorbed/merged to PODB, with immediate effect. 3. The petitioners were working as Field Officers (BPS-16) in Seed Division of Ghee Corporation of Pakistan (GCP) and their names are shown in the said List at Sr. No. 39 and 37, respectively. Consequently the petitioners alongwith otheRs. were absorbed in the newly constituted Pakistan Oilseed Development Board (PODB), Ministry of Finance, Agriculture and Livestock and the petitioners were designated as Field Officers in BPS-16, and are now retired employees of PODB. 4. The Respondent No. 5/Establishment Division, Govt. of Pakistan, vide their Office Memo. No. F.8/96/2005/R 1, dated 21.09.2005, agreed to the up-gradation of the Posts of Field Officers from BS-16 to BS-17, in PODB, with effect from the date of the up-graded posts are…

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