Law:

Section:

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. 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 advance increments admissible for M. A., M. Sc. and M. Ed. shall be three. An advance increment or increment allowed for one qualification shall also be counted towards any second or third qualification and only differential increment or increments (if any) shall be allowed." 3. This condition was sought to be applied to the case of the respondent. He challenged it by appeal. The Service Tribunal upheld his right to receive the advance increments as admissible on the date he improved his qualification. 4. The learned counsel for the Province has urged that the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492