Law:

Section:

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th February 1970, in Writ Petition No. 1956 of 1966).   Government servant-President's order revising scale of pay of Lower Division Clerks not implemented by Department concerned Department's contention that President's order was passed by mistake and it was cancelled by Ministry concerned, held, had no force and since President's order had not been countermanded the Department was obliged to implement it-Constitution of Pakistan (1962), Art. 98. Date of hearing : 28th April 1970. ORDER WAHIDUDDIN AHMAD, J.-Haq Nawaz respondent was appointed as Lower Division Clerk on the 21st May 1949, in the Ministry of Defence, Rawalpindi, on civil side at Rs. 75 per month in the scale of Rs. 75-5-100-EB-5-180 through an executive order. Later on, it was realised that under the Central (Non Gazetted) Civil Services (Revision of Pay) Rules, 1949, enforced on the 1st of April 1949, the Lower Division Clerks were entitled to the scale of Rs. 60-4-100-EB-5-120 and the previous scale could not be allowed to the respondent as he was appointed after the enforcement of the said statutory Rules. This mistake was rectified on the 11th August 1949. The respondent and others who were adversely affected made representations to the Department. The Government of Pakistan, in the Ministry of Defense, regularized the appointment of five such appointees with effect from the date of their appointment in the original scale of Rs. 75-100. The 'respondent's claim was also accepted on the 7th of July 1965, when a formal order containing the sanction of President to the fixation of pay at Rs. 75 in the revision scale of pay Rs. 75-180 was conveyed to him. This order was not implemented by the Department. The respondent, therefore, moved the High Court of West Pakistan, Lahore, in Writ Petition No. 1956 of 1966. The learned Judges of the High Court, by order dated the 19th February 1970, came to the conclusion that as the order granting beneficial scale of pay to the respondent has not been countermanded, the petitioner must implement it. The Department seeks permission to…