Law:

Section:

Service Tribunals Act (LXX of 1973)---- ------S. 4 read with Ministry of Finance Letter No. F. 4(1)/70-Exp./IV/11, dated 17-2-1972--Salary-Decision contained in Ministry of Finance letter dated 17-2-1972 giving treatment to other officers appointed to higher posts without their formal promotion to posts not revised or modified and having similar effect on appellant and fully covering his case--Since appellant performed similar plenary duties with full responsibility, pay of post, held, cannot be disallowed, in circumstances. Government of Pakistan, Ministry of Finance Letter No. F. 4 (1)/70- Exp./IV/11th dated 17-2-1972 ref. ORDER The appellant, an Assistant Accounts Officer, in the office of the Comptroller, North-West Frontier Peshawar, was "appointed as Deputy Comptroller-II in that office with effect from 5-8-1971 (afternoon) with pay in his own grade till the posting of a PA&AS Officer", vide Auditor General's Office Notification No. 1840-GB-II/25-71 dated 25-9-1972. He took over as Deputy Comptroller on 5-8-1971 (after-noon) in pursuance of Auditor-General's Order No. 1553-54 GB-1/19-69-II dated 29-7-1971 and Comptroller's Memo. No. Admn. 1-37/294 dated 18-8-1971, although the Notification was issued on 25-9-1972. The post of Deputy Controller was subsequently redesignated as Deputy Accountant General. On appointment, the appellant claims to be entitled to pay of the post, in accordance with the provisions of F. R. 17. It is further claimed that the right to draw pay of the post held by the petitioner, derives support from the orders of the Government or Pakistan, Ministry of Finance Letter No. F. 4 (i)/70-Exp./IV/11th dated 17-2-1972 and the Supreme Court judgment (Postmaster General, Eastern Circle v. Muhammad Hashim (P L D 1978 S C 61). The Comptroller N.-W. F. P. explained the factual position to respondent No. 1, regarding the petitioner's entitlement to pay of the post and the A.G.P.R. even issued the pay slip, authorising full pay but the respondent declined to allow the drawal of full pay, in view of the condition inserted in the Notification, although he was duly approved for promotion in 1971 by the F. P. S. C. and again by the Departmental…

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