Law: Constitution of Pakistan, 1962

Section: 178

(On appeal from the judgment and order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 24th October 1966, in Writ Petition No. 243 of 1964). (a) West Pakistan (Non-Gazetted) Civil Services Pay Revision Rules, 1954, r. 4 read with Finance Department Notification No. I (PR) Try/1-1-62, dated 1st March 1962, and N.-W F. P. Treasury Subordinate Service Rules, 1954-Designation of Head Treasury Clerks as Head Treasury Clerks (Accountants in N.-W. F. P. Treasury Subordinate Service Rules, 1954-Signifies that Head Treasury Clerks were in fact Accountants-Treasury and Accounts Service referred to in Notification No. I (PR) Try/I-1-62-Includes N.-W. F. P. Treasury Subordinate Service-Inclusion of Accountant's posts in Schedule to West Pakistan (Non-Gazetted) Civil Services Pay Revision Rules, 1954 by Notification No. I (PR) Try/1-1-62 Entitles person holding post of Head Treasury Clerk under N.-W. F. P. Treasury Subordinate Service Rules to scale of pay prescribed for Accountants with retrospective elect from 14-10-1955 and not from 7-5-1962. (b) West Pakistan (Non-Gazetted) Civil Services Pay Revision Rules, 1954, rr. 2, 4 & 18 and Finance Department Notification No. 1 (PR) Try/I-1-62 dated 1st March 1962-Rule 18 empowered Government to add to or modify Schedule appended to West Pakistan (Non-Gazetted) Civil Services Pay Revision Rules, 1954, and no more-Note below Notification No. I (PR) Tryll-1-62 providing that scale of pay will not have retrospective effect-Ultra vires of rr. 2 &4 of Rules, 1954. (c) Constitution of Pakistan (1962) Arts. 178(3) & 98 Person found entitled under Pay Revision Rules to prescribed scale of pay with effect from a particular date-Refusal of Government to give him pay in that scale-Adversely affects such person's remuneration-Article 178(3) attracted-Writ petition in matter, held, maintainable. Dates of hearing : 24th and 25th March 1970. JUDGMENT M. R. KHAN, J.-This appeal by special leave, at the instance of the Province of West Pakistan, is from the judgment and order of the High Court of West Pakistan, Peshawar Bench, in Writ Petition No 243 of 1964, whereby the writ petition was accepted and…