Law:

Section:

Punjab Service Tribunal Act (IX of 1974)--Constitution of Pakistan (1973), Art. 212(3) - Civil services-­Question relating to power and jurisdiction of Service Tribunal to so interpret a circular of Government as to extend benefit conferred to a non-designated group by reference to duties discharged by it sub­ordinating altogether considerations of pay-scale and status, held, a substantial question of law-Leave to appeal granted.-[Question of Law-Civil serviced]. JUDGMENT SHAFI-UR-REHMAN, J.-The Province of Punjab has filed a petition which is expressed to be under section 9 of the Provisional Constitution Order of 1981, but is in fact and substance a petition under Article 212(3) of the Constitution seeking leave to appeal against the judgment of the Punjab Service Tribunal dated the 12th of July, 1981 whereby the benefit of Circular of the Government allowing four advance increments to certain incumbents of the designated posts was made available to group of Private Secretaries employed in the High Court, Lahore, who were not so designated in the Circular. 2. The benefit of four advance increments was made available to "the existing incumbents of all the posts of Stenographers, viz. Steno-typists, Junior Scale Stenographers Grade-I, Junior Scale Stenographers Grade-II, Stenographers Senior Scale Stenographers and Personal Assistants in the Secretariat as well as Field Officers." The respondents who are 21 in number and posted as Private Secretaries in the High Court claim the benefit of the Circular on the ground that they were employed and discharging the duties of a Stenographer and were consequently entitled to the benefit conferred. 3. The Service Tribunal examined "the matter thoroughly in the light of duties of the appellants and of the other Private Secretaries in the Punjab Government's administration" and came, to the conclusion that "this issue has to be seen not in the light of the status and grade of Private Secretaries but the actual duties performed by the two broad categories of persons holding these posts." The Tribunal adopted the criteria of usage and practice and held that the "Private Secretaries available to High Court Judge is nothing…

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