Law:

Section:

(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-------R. 8-B---Constitution of Pakistan, Arts. 25, 189, 190 199 & 212(2)---Civil Procedure Code (V of 1908), O.XXIII, R.3---Qanun-e- Shahadat (10 of 1984), Art.129(e)---Law Reforms Ordinance (XII of 1972), S.3---Intro-court appeal---Promotion of petitioners as Inspectors (BPS-14) of Income Tax Department on acting charge/officiating basis after having qualified Departmental Promotion Examination=--Non­payment of salary in BPS-14 to petitioners though working as officiating Inspectors---Order of High Court accepting petitioner's constitutional petition with consent of counsel for both parties directing the Federal Board of Revenue to pay them salary in BPS-14 and promote them in terms of of Supreme Court (Civil Petitions Nos.506 to 508-L of 2008) against vacancy, if occurred---Board's pleas were that High Court in view of Art.212(2) of the Constitution hud-no jurisdiction to pass impugned order; that promotion of petitioners on acting charge basis was against quota reserved for direct recruitment, and they could not be promoted due to non-availability of seats and that Board had given. consent in respect of payment of salary in BPS-14, but had not given consent regarding promotion in light of of Supreme Court---Validity---Finance Division in its letter also adopted by the Board had clarified that an officer fully qualified and appointed by competent authority on higher post would be entitled to pay of higher post from date of assumption of its charge---Grievance of petitioners was against discriminatory treatment given to them and questions involved in such petition pertained to their entitlement to salary of higher posts held by them under orders of competent authority---Even in absence of consent of parties, every court including High Court/Tribunal/Authority was bound to follow of Supreme Court---All executive authorities were bound to act in aid of Supreme Court---Presumption of correctness would be attached to duly recorded proceedings of court---Government servant, even though not party to proceedings before Supreme Court, would be entitled to benefit of its , if he and persons in…

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