Law: Civil Servants (Appeal) Rules, 1977

Section: 4(1)

(a) Civil Servants (Appeal) Rules, 1977--- ----R.4(1)---Appeal from an 'order' passed by an authority---"Order"---Scope---For preferring an appeal in terms of R. 4 of the Civil Servants (Appeal) Rules, 1977, there had to be an order altering, interpreting to a civil servant's disadvantage, reducing or withholding his maximum pension and allowances---In such grievances/proceedings no particular form of order was required and even pension fixation notices could be treated as an order for the purposes of availing the remedy of appeal under R. 4 of the Civil Servants (Appeal) Rules, 1977. (b) Civil Servants (Appeal) Rules, 1977--- ----Pensionary rights, claim for---Limitation---Grievance in respect of pensionary benefits was a recurring cause, consequently, limitation could not come in the way of such relief---Where, however, such pensionary benefit was altered or interpreted to the disadvantage of a civil servant or his pension was reduced or his maximum pension was withheld including an additional pension admissible to him under the rules then his grievance to that extent had to be regulated in terms of R. 4(1) of the Civil Servants (Appeal) Rules, 1977. Chief Executive Progressive Paper Ltd./The Chairman National Press Trust, Islamabad v. Sh. Abdul Majeed 2005 PLC (C.S.) 1439 ref. THIS ORDER PASSED BY: SAJJAD ALI SHAH, JUSTICE:---.--- The appellants who are retired civil servants have impugned the order of the Service Tribunal dated 26.8.2016 declining the reckoning of increment by way financial relief of Rs. 300/- per month in the monthly salary for computing, pensionary emoluments from the date of retirement for want of impugned order as required by section 4(1)(a) of the Service Tribunals Act, 1973. 2. Briefly, the Prime Minister's Secretariat on 11.3.1997 issued an U.O. No. 16(P)PMDIR/931/97 in compliance of Prime Minister's address to the Nation on 23.2.1997 regarding financial relief of Rs.300/- per month to the low paid employees. The appellants were allowed such relief till the date of their retirement but such benefit was not included in their last pay for commuting pension and other post-retirement benefits on the ground that it was an ad hoc relief.…

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