Law:

Section:

Civil services-- Promotion----Arrears of salary---Government servants agitating claim for grant of seniority but same refused by Government, Subsequently Government revising its decision and employees given pro forma promotions but order passed by Govern ment that employees "would not be entitled to arrears of pay as a result of pro forma promotion because they did not actually perform the duties of the post from the assumed date of promo tion"----Held, employees entitled to full arrears of pay to which they were entitled and not merely to the arrears of pay only for the actual periods of duty performed by them in all the higher posts. No exception could be taken to the decision of the Services and General Administration Department of the West Pakistan Government, dated 4-12-62, as also to the practice followed by the Government that higher salary should be granted for the period of duty actually performed in the higher post so long as when the doctrine that salary payable to a Civil Servant was a bounty of a State ruled the field. However, this doctrine stands seriously affected by the decision of this Court in A. Y. Issacs v. Federation of Pakistan P L D 1967 Lah. 159 and upheld on appeal by the Supreme Court in Pakistan v. Mrs. A. Y. Issacs P L D 1970 S C 415. The highest Court in the country has now declared that if a person is kept out of service for a period of time, for .no fault of his own and he is prevented from serving the State he is nevertheless entitled to the salary for the said period in the same manner as if he was actually rendering service. No doubt, this observation was made in the case of a Government servant who was dismissed and, therefore, kept completely out of service, but the principle enunciated above would appear to apply equally to the case of a servant who, for no fault of his own, is wrongly prevented from rendering service to the State in the higher post to which he is admittedly entitled. Date of hearing: 4th February 1972.   JUDGMENT The petitioners are Ex-servicemen and after the termination of .the Second World War joined the Ministerial Services under the Punjab Government. They submitted representations to…