Case Details

Citation(s)
1981 SLG 2080 1981 SLD 2080 1981 PLC 156
Sindh High Court
Constitutional Petition No. D-1364 of 1978, decided on 31st August, 1980.
A. V. AKHUND AND MUHAMMAD ZAHOORUL HAQ, JJ

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AZIZUL HASSAN

VS

SIND AGRICULTURAL UNIVERSITY AND ANOTHER

Law:

Section:

(a) West Pakistan (Non-Gazetted) Civil Services Pay Revision Rules, 1959--- -- Read with Government of West Pakistan Letters Nos. 2 (45) S.O. A-1/64 dated 22nd January, 1966, 2-Steno S.O.A./II/70 dated March, 1970 and Sind Government Resolution No. 1051-A-59 dated 26th August, 1964-Appointment-Pay, revision of-Petitioner only a Laboratory Assistant before his appointment as Field Assis­tant and not a Junior Research Assistant or a non-Graduate Assis­tant-Post of Junior Research Assistant and non-Graduate Assis­tant having been re-designated as Field Assistant, petitioner, not having held any of such posts, held, could not have been appointed in one of re-designated posts of Field Assistant nor could he draw revised pay scale as contemplated in Letter No. 2 (45) S.O. A-1 /69 dated 22nd January, 1966. (b) West Pakistan (Non-Gazetted) Civil Services Pay Revision Rules, 1959- -- Posts and pay scale of Field Assistants being not specified in Schedule, appended to Rules-Rules, held, not applicable to petitioner, a Field Assistant. S. Nasiruddin for Petitioner. Ali Ahmed Memon for Respondent. Date of hearing : 24th August, 1980. JUDGMENT A. V. AKHUND, J.-Before promulgation of the Sind Agricultural University Ordinance, 1974, the Sind Agriculture College, Tando Jam, was affiliated to the Sind University of which the College was also an additional campus. After the Ordinance, ibid, the Sind Agriculture University was established in Tando Jam in 1977. The employees serving in the Sind Agriculture College stood transferred under the Sind Agricul­ture University on such terms and conditions as the University determined. But these terms, determined by the University, were not less favourable than those admissible to such employees before their transfer of the University. 2. Petitioner Azizul Hassan is a non-Matriculate. But he is diploma holder in Agriculture. Before October, 1969, the petitioner was employed as Laboratory Assistant in Chemistry in the Sind Agriculture College. Tando Jam. Some time in October or November, 1959, he was appointed Field Assistant in the Estate Branch in the scale of 60-5-120-8-160­10-220 He was, however, given a higher start of Rs. 9 p. m. 3.…
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