Law:

Section:

Civil Servants Act (LXXI of 1973)- --S. 17-Pay-Civil servant entitled to sanctioned pay of post to which appointed-Officer serving in Grade-16-Post upgraded to Grade-17 with retrospective effect subject to condition that no arrears would be allowed for period prior to date of notification-Such order, held, by necessary implication amounted to appointment of incumbent to higher grade from date of order-Claim for arrears of pay in circumstances, held, not sustainable and provision of S. 17 not attracted and inapplicable. M. S. Siddiqui for Appellant. Syed M. Shahudul Haque, State Counsel for Respondents. Date of hearing : 28th March, 1983. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).-The relevant background of the case is that the erstwhile Inter-Provincial Co-ordination Committee (now defunct) had in its meeting held in May, 1977, taken a decision to make recommendations that all posts of the Agriculture Assistants and the Veterinary Assistants should be upgraded to Grade-17 with effect from 1-5-1977. The recommendations were accepted by all the respective Provincial Governments and action was accordingly taken by the Provinces, while the Federal Ministry of Food and Agriculture also initiated a case for upgradation of the posts of the Agriculture Assistants and the Veterinary Assistants working in the departments of the Federal Government, and grant of N. P. S-17 to the existing holders of those posts who possess the requisite qualifications. The matter remained under examination and process and ultimately the Inter-Provincial Conference held on the 5th November, 1980, had accepted the aforesaid proposal and made recommendations that all the posts of the Agriculture Assistants and the Veterinary Assistants in the attached Department of the Federal Ministry of Food and Agriculture, should be upgraded with effect from the 1st May, 1977, but no arrears should be allowed to the existing incumbents of the posts for the period from the 1st May, 1977, to the 30th June, 1980. The President of Pakistan was pleased to accept the above recommendations in toto and a Notification dated 29-12-1980 was accordingly issued by the Food and Agriculture Division notifying upgradation…

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