Law:

Section:

Civil service--- ----Petitioner-employee was transferred and posted to higher post but in his own pay and scale---Petitioner claimed salary of higher post for the duties he perform on the higher post---Validity---If employee was promoted to officiate in a higher post involving higher responsibilities then he would be entitled to the minimum pay of that grade---Nothing was on record that petitioner-employee requested for the higher post nor there was an assertion by the department that employee was not eligible to hold the higher post---Incorporation of condition in civil servant's posting order that he had been adjusted against his own pay and grade, would not be a bar to claim pay for the higher grade---Petitioner was entitled to the pay of higher post during the period he worked against the same---Constitutional petition was allowed in circumstances. Islamic Republic of Pakistan v. Qazi Abdul Karim 1978 SCMR 289; Sh. Amar Maftoon v. Government of Punjab 1992 SCMR 1869; Abdul Humid and others v. Chief Secretary, N.W.F.P. and others 1998 PLC (C.S.) 1468; Khursheed Anwar v. Province of N.W.F.P. through Chief Secretary and another 1999 PLC (C.S.) 225 and Abdul Sattar v. District Accounts Officer, Bahawalpur 2012 PLC (C.S.) 65 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.--- Mehboob Sultan, Assistant Manager (Audit) seeks the constitutional jurisdiction of this Court praying that: "A. Direct the respondents to pay forthwith salaries, allowances and all other benefits of the posts of Deputy Director Accounts BPS-18, since 30.3.1998 with mark-up/interest till its realization, B. Be imposed special cost upon respondents by not resolving the matter till date, and/or C. Any other writ, order, direction deemed proper and just may also be issued/ordered/given". 2. Brief but essential facts of the case are that on 01.6.1978, the petitioner, joined the respondents, Forest Development Corporation "FDC" as Assistant in BPS-11. On 18.11.1987 he was promoted as Superintendent in BPS-16, whereas he was further promoted as Assistant Manager BPS-17 in the year 1991. Consequent upon termination of services of Mr. Muhammad Saleem Awan, the then Deputy Director (Accounts)…

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