Law:

Section:

(a) West Pakistan (Non-gazetted) Civil Services Pay and Pension Rules, 1963- ---R. 4-Officials (Mappers) opting for pay-scale prescribed for them under Rules of 1963-Pay-scale reduced by subsequent notification­ Subsequent reduced pay-scale, held, not applicable to officials who had already opted for pay-scale prescribed earlier. (b) Sind Service Tribunals Act (XV of 1973)- ---S. 3(2)-Terms and conditions of service-Pay for a post and scale of pay for that post-Covered by expression "terms and conditions of service". (c) Sind Service Tribunals Act (XV of 1973)-- --- S. 2(b)-"Civil servant"-Legal heir of deceased civil servant-Not within definition of a "civil servant". JUDGMENT HAMZO KHAN M. KURESHI (CHAIRMAN).-This appeal arises out of the order dated 31-8-1965 by which Director of Settlement Survey and Land Records, directed that excess payments made to the Mappers (appellants) and other staff should please be reported to enable his office to arrange recovery. This order was based on the Notification of the Governor of West Pakistan issued on 24th July 1965 (Annexure 5) by which the Governor was pleased to amend the Civil Services Pay Revision Rules and pay scales of the Mappers. By this Notification the Governor directed that the consolidated scale of the Mappers of Hyderabad Division' should be fixed at Rs. 85-2-115/5-150 while their prescribed scale was fixed at Rs. 40-2½-75-2½-100. The pay of the Mappers was reduced by this order hence the appellants filed a suit in the Court of Senior Civil Judge, Hyderabad which abated by virtue of the provisions of Sind Service Tribunals Act, 1973. Thereafter the appellants preferred the present appeal on 5-8-1974. The brief facts are that the appellants were originally employed as Mappers by the Director, Settlement Survey and Land Records, Hyderabad Division in the pay-scale of Rs. 40-2½-75-3-100. On their representation the Gov­ernor of West Pakistan was pleased to revise their pay-scale on 13th April, 1961 to Rs. 75 -6-105/8-175 plus special pay of Rs. 25 per month. The benefit of the revised scale of pay was given to the appellants retrospectively from 14-10-1955 and the appellants were supposed to be paid all the…

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