Law:

Section:

(a) Service Tribunals Act (LXX of 1973)- --S.4-Limitation-Matter pertaining to pay- A continuing cause of grievance-Departmental representation against order of fixation of pay made after four years-Such representation decided on merits without considering question of limitation-Delay in making representation, in circumstances, held, deemed to have been condo­ned-Appeal before Tribunal filed within one month of rejection of departmental appeal, in circumstances, held, within time. (b) Central (Gazetted) Civil Services (Revision of Pay) Roles, 1951- And Ministry of Finance O. M. No. 1 (36) GAZ-/MP/1/73, dated 18th August, 1973, Schd. sub-pare. (G) (Regarding introduction of National Pay Scales) - Fixation of pay on promotion from Grade-17 to Grade-18-Condition of length of service of 7 years in NPS 17 for admissibility of increment in NPS; 18- Held - Not applicable for those promoted after 18th August, 1973-Such condition, further, held, inconsistent with S. 17 of Civil Servants Act, 1973-Civil servant entitled to pay of post as raised from time to time on accrual of increment-Such right cannot be restricted by any rule-Words "in accordance with rules" used in, S. 17 of Civil Servants Act, 1973--Refer to Pay Scale and-not to any restriction-F. R. 35 empowering Government to fix pay of an officiating Government servant at an amount less than that admis4ible under F. R. 31, held, inconsistent with S. 17 of Civil Servants Act, 1973 hence not effective-Civil Servants Act (LXXI of 1973), S. 17 and Fundamental Rules, rr. 9 (31) (a), 31 & 35. Mian Ahmad Saved v. Secretary Ministry of Railways Appeal No. 96 (L) of 1980 and Abdul Majid v. Secretary, Ministry of Communications and others Appeal No. 160 (R) of 1980 (unreported) rel. Appellant in person. Syed Muhammad Shahudul Huque for the State. Manzoor Hussain Malik for Respondent No. 1. Date of hearing: 24th November, 1983. JUDGMENT JUSTICE SHAH ABDUR RASHID (CHAIRMAN).-The appellant, Kh. Zaheer Ahmed, joined the defunct Civil Service of Pakistan on 1st November, 1971. After the introduction of National Scales of Pay (NPS), under office Memorandum No. 1(36)GAZ-IMP/173, dated the 18th August, 1973, he was placed in…

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