Law:

Section:

Civil services­--- -- Fixation of pay-Selection grade-Conversion of one of posts of District Judge's cadre into Selection Grade-Condition regarding length of service for drawal of full pay forming part of orders whereby, Selection Grade allowed-Such condition, held, valid and applicable in fixation of pay of incumbent. ORDER MUHAMMAD DAUD KHAN (CHAIRMAN).-The petition has come up fur hearing before the Tribunal for the third time. The matter pertains to a period prior to 1st July, 1969, the Departmental order in respect of the post in the Selection Grade and the (Notification No. S. O. III-3-15-58, Govern­ment of West Pakistan) regarding the grant of Selection Grade to the appellant being dated 9-12-1959/18-1-1960 and 22-1-1960 respectively. 2. It was contended that the decision was finally taken in 1970 and that the matter was within the jurisdiction of the Tribunal. As the relevant document could not be readily produced, it was required to be filed within a period of fifteen days (from 6-11-1974). 3. Although a period of more than four months had elapsed, the document was not filed. Nor was an affidavit filed to show Inability to obtain or produce it. 4. The learned counsel however wanted time to prepare and argue the matter in the light of the case of Khan Falzullah Khan v. Government of Pakistan (Civil Appeal No. 27 of 1967). He was therefore allowed adjournment on request, for the purpose. 5. The appeal is time-barred, having been filed under section 6 of the Service Tribunals Act, 1973 on 23-7-1914, i.e. two months after the period of limitation had expired and there is no cogent reason for condonation of delay. 6. For the reasons stated, it has been prayed that the condition imposed in the Establishment Division letter No. 25/118/54, EII, dated the 9th December, 1959, regarding drawal of full salary/rate of pay in the Selection Grade of the post of District Judge subject to 17 years Class I Service in accordance with the formula laid down in the Central (Gazetted) Civil Service (Revision of Pay) Rules, 1951, be declared to be illegal, inoperative, unconstitutional and not binding on the appellant and that he should be allowed full salary for the relevant…

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