Law: Constitution of Pakistan, 1973

Section: 212(3)

Constitution of Pakistan (1973) Art. 212 (3) read with Punjab Government Notification No. FD-PR-10-71/72 dated 27-1-1976 and Notification dated 8-I1-1974 Advance increments-Retrospective operation of Notification-Grant of advance increment before issuance of Notification dated 27-1-1976 Uncontrolled by any condition except passing of examination in a particular division-Conditions imposed by impugned Notification Neither manifest nor followed by necessary implication---Impugned Notification, held, neither declaratory nor operative retrospectively so as to deprive Government servant of his vested rights. Date of hearing : 21st March 1981.                                                                                                                                                         ORDER SHAFI-UR-REHMAN, J.-The Province of Punjab, seeks Leave to Appeal under Article 212(3) of the Constitution against the judgment of the Punjab Service Tribunal dated 25-10-1979 whereby an appeal filed by the respondent was allowed and retrospective effect was not given to Government of Punjab Notification No. FD-PR-10-71/72 dated 27-1-1976. 2. The respondent was promoted as Senior English Teacher w.e.f. 26-7-1967. At that time he was B. A., B. Ed. He improved his qualification on 27-1-1970 by passing M. A. Examination and was given therefore, two advance increments as permitted under the Pay Revision Rules, 1963. On 8-11-1974 he further improved his qualification by passing M. Ed. Examination. The District Education Officer allowed him three more advance increments as from that date. The Punjab Government by a notification dated 27,1-1976 introduced a rider to the entitlement of advance increments on improving the qualifications'. The condition imposed was as follows :- "The maximum number of…