| Citation(s) |
|---|
| 2017 SLG 1373 2017 SLD 1373 2017 SCMR 482 |
Supreme Court of Pakistan
Civil Petition No. 1958 of 2006, decision & heard on: 19-01-2017 (On appeal against the judgment Dated 31.03.2016 passed by the Federal Service Tribunal, Islamabad in Appeal No. 1891(R)SC/2015)
DOST MUHAMMAD KHAN, JUSTICE, QAZI FAEZ ISA, JUSTICE, FAISAL ARAB, JUSTICE
Sajid Ilyas Bhatti, DAG and Jaffar Raza Khan, Advocate-on-Record (Absent) for Petitioner. Muhammad Shoaib Shaheen, Advocate Supreme Court and Ahmed Raza Ch., Advocate-on-Record (Absent) for
Respondent No. 1. Mehrban Khan, Admin Officer, FGEI, Dte, Rwp f
Civil Petition No. 1958 of 2006, decision & heard on: 19-01-2017 (On appeal against the judgment Dated 31.03.2016 passed by the Federal Service Tribunal, Islamabad in Appeal No. 1891(R)SC/2015)
DOST MUHAMMAD KHAN, JUSTICE, QAZI FAEZ ISA, JUSTICE, FAISAL ARAB, JUSTICE
Sajid Ilyas Bhatti, DAG and Jaffar Raza Khan, Advocate-on-Record (Absent) for Petitioner. Muhammad Shoaib Shaheen, Advocate Supreme Court and Ahmed Raza Ch., Advocate-on-Record (Absent) for
Respondent No. 1. Mehrban Khan, Admin Officer, FGEI, Dte, Rwp f
CONTROLLER OF MILITARY ACCOUNTS (RC) EDUCATION CELL, RAWALPINDI
VS
MUHAMMAD ZAFAR, ASSISTANT PROFESSOR AND ANOTHER
Law: Civil Servants Act, 1973
Section: 11A
(a) Civil Servants Act (LXXI of 1973)--- ----S. 11-A--- Pay protection, entitlement to--- Scope--- Ad hoc appointment---Where a civil servant was declared surplus pursuant to any government decision, then he was to be accommodated to a post carrying equal pay scale---Where equal post was not available then he could be appointed to a lower post but the pay which he was drawing in the higher post shall remain protected---Such benefit could not be denied to an employee merely because previously he was holding a post on ad hoc basis. (b) Civil service--- ----Ad hoc appointment---Ad hoc employee in government service was also to be treated as civil servant. Muhammad Sarfraz v. Government of Punjab 2001 PLC (C.S.) 1224 ref. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, JUSTICE:---.--- In February, 1987, respondent No. 1 was employed by respondent No. 2 on ad hoc basis on the post of Director Physical Education (BPS-16). He was later promoted to a post in BPS-17. On 28.06.1992, the respondent No. 1 was served with a termination letter wherein it was stated that in pursuance of government's decision his ad hoc service would stand terminated with effect from 30.06.1992 and in lieu thereof he may accept a post in BPS-14. The respondent No. 1 readily accepted the offer and was appointed on permanent basis to the post of UUGT in BPS-14 with effect from 01.07.1992. After serving in this position for about 12 years respondent No. 1 applied for the post of Lecturer through Federal Public Service Commission and was appointed as Lecturer in BPS-17 on 17.10.2003. 2. As the respondent No 1 was holding a BPS-17 post on ad hoc basis before his appointment in BPS-14 on 01.07.1992, he sought benefit of pay protection that is available to an employee who on account of government's decision is rendered surplus and is accommodated in a post that is lower than his previous post. The Controller Military Accounts accepted his request and vide letter dated 01.12.2012 re-fixed respondent No. 1's pay from Rs. 32,000/- to Rs.35,200/- per month and paid all his past arrears. However, 2-1/2 years later the Controller of Military Accounts vide letter dated 12.06.2015 informed respondent No. 1 that he…
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