Law:

Section:

(a) Civil service--- ----Increment, grant of---Discrimination---Violation of constitutional guarantee---Scope---Petitioners claimed that they were entitled to increments which were not granted to them and as such they were deprived of their legitimate right which affected their monthly salary and pensionary benefits---Case of petitioners was similar to the cases earlier decided by the High Court, hence the petitioners were entitled for the benefit of such decision and any denial/refusal to extend benefit thereof to alike persons fell within the meaning of 'discrimination'---Principle so enunciated was affirmed by the Supreme Court thereby making the respondents ensure compliance thereof within the meaning of Arts. 201 & 189 of the Constitution---Constitutional petition, stricto senso, did not relate to determination of any 'service benefit' but involved enforcement of guarantee, provided by Art. 25 of the Constitution---Constitutional petition was allowed as prayed. Dr. Muhammad Siddique Bhutto's case (C.P. No. D-454/2010) and C.P. No. D-655 of 2014 ref. (b) Public functionary--- ----Omissions and actions of public functionary while in authority, shall not be limited to himself but sure to prejudice rights and obligations of others, if he fails to do 'justice' with his assigned duties. Sura An-Nisa, Verse 135 foll. Pir Imran Sajid and others's case 2015 SCMR 1257 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD SALEEM JESSAR, JUSTICE:---.--- Through instant petition, the petitioners have expressed their grievance with regard to non-payment of some annual increments as well as their pensionary benefits. 2. Facts of the case are as under: a) Petitioner No. 1 was appointed as Lecturer in BPS-17 on 01-03-1974. He retired from service on 04.06.2006 after putting in about 28 years of service. His main grievance is that he was deprived of his annual increments due on 01-12-1988, 1989 and 1990. Thereafter, he was promoted to BPS-18 on 01-07-1991. When the scales were revised in the year 1991, his pay was re-fixed and annual increment was allowed to him for 1991. He reached the maximum of scale in BPS-18, therefore, he was awarded move over in BPS-19. Again he reached the…

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