Law:

Section:

(a) Constitution of Pakistan (1973)---- Art. 212(3)-Civil services-Pay scale-Leave to appeal-Granted to examine whether Service Tribunal was justified in denying to appellant adjustment as a trained Staff Nurse in spite of earlier of civil court in her favour.-(Civil service!. (b) West Pakistan (Non-Gazetted) Civil Services (Pay Revision) Rules, 1963- - R. 4(2)(6) read with West Pakistan Nursing Services (Non-Gazetted) Rules, 1966 and N.-W. F. P. Government Servants (National Pay Scales) Rules, 1972, r. 5-Absence of option under r. 4 (2). of 1963 RulesHeld, could not be pleaded for disallowing pay of civil servant in consolidated scale-Civil servant at time of promulgation of 1963 Rules working as Staff Nurse and drawing pay as such and civil court declaring her to be entitled to prescribed consolidated scale of pay as Staff Nurse, under said Rules irrespective of fact whether she was a trained Nurse or untrained Nurse-Held, in circumstances of case and on strength of decree of civil court, petitioner was entitlrd to be fixed in prescribed scale from 14-10-1955, in consolidated scale from 1-12-1962 and in N. P. S. 9 from 1-3-1972 and also to payment of arrears according to relevant Rules. JUDGMENT SHAFIUR RAHMAN, J.-Leave to appeal was granted under Article 212 (3) of the Constitution to examine whether N.-W. F. P. Service Tribunal was A justified in denying to the appellant adjustment as a Trained Staff Nurse in N. P. S. No. 9 in spite of earlier judgments of the civil Courts in her favour. The appellant was appointed as Nurse on 12-2-1952 in the Municipal Zanana Hospital, D.1. Khan in the Pay Scale of 60-2-70/5-90 plus D. A. Rs. 35 and Dbobi Allowance of Rs. 2 with free quarter. Her pay scale was changed to 72-2-80/5-100 from 1-0-1952 when she was working against the post of Staff Nurse. Her qualifications as appearing in the records and at no stage disputed are as follows : "(f) Anglo-Vernacular Middle (Ii) Assistant Nurse (iii) Nurse Dai" Subsequently the following supporting documents were filed: "(1) Middle Standard Certificate (Original) (2) Enrolment Certificate as an existing Assistant Nurse (Original) (3) Certificate of Nurse Dai (4) Registration…

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