Law: Constitution of Pakistan, 1973

Section: 183

Constitution of Pakistan (1973) Art. 183-Employer, held, can offer higher compensation for higher qualifications in respect of same post and no exception can be taken to prescription of a higher pay scale for persons possessing higher qualifi cations as compared to others appointed to same post or posts.-[Civil services]. Date of hearing : 7th January, 1981.                                                                                                                       ORDER ANWARUL HAQ, C. J.-This petition seeks leave to appeal against an order made by the Sind Services Tribunal on the 23rd of April, 1980, whereby an appeal filed by the petitioner in the matter of the correct fixation of his pay in the national pay scales, was summarily dismissed. The relevant facts are that the appellant was working as a librarian in the Education Department on a consolidated salary in the pay scale of Rs. 300-600. When the cadre of the Librarians was bifurcated into the school and colleges side and option was taken from various Librarians. The petitioner opted for the college side, but for some reason effect was not given to his option. However, this fact is now not material, as ultimately the Librarians serving in the Schools were also allowed the same pay scale with effect from I-6-1970 as admissible to those serving in colleges. Although identical pay scales were prescribed for Librarians serving in schools and colleges yet a distinction was made on the ground of their basic qualifications. For those possessing B.A./B. Sc. degree and diploma in Library Science the scales were Rs. 350-925 with effect from 1st June, 1970 ; and Rs. 400-1,000 with effect from I st March, 1972. For those having Masters degree in Library…