Law:

Section:

(a) Civil service- -- Pay-Official posted to work on higher post-Entitled to pay of post duties whereof performed-Sub-Engineer selected as Sub­ Divisional Officer on deputation and on repatriation posted as officiating Sub-Divisional Officer allowed only 15%, of his pay above his own pay-Performing duties of Sub-Divisional officer for more than three years till retirement on superannuation ­Held: entitled to pay of post of Sub-Divisional Officer for such period-Contention that he was not eligible for promotion as S. D. O. in circumstances, held, cannot be raised--Service Tribunal accepting appeal and directing grant of pay of S. D. O. (N.P.S. 17) to appellant including allowances thereof for period he worked as such-Punjab Service Tribunals Act (IX of 1974), S. 4. Postmaster General, Eastern Circle (E. P.), Dacca and another v. Muhammad Haqbau P L D 1971 S C 49 (?) rel. (b) Punjab Service Tribunals Act (IX of 1974)- -- S. 4-Limitation Act (IX of 1908), S. 5-Limitation-Condona­tion of delay - Appellant having strong merits and persuing his remedy with diligence and vigilance-Delay, in circumstances, condoned. Appellant in person. A. G. Hamayun, District Attorney for Respondent. JUDGMENT Subah Sadiq has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Secretary Communication and Works Department, Government of the Punjab, Lahore, as respondent. 2. By virtue of this appeal he has prayed that the respondent be directed to pay the appellant all the fringe benefits including pay and allowances, attached to the post of S. D. O. (N.P.S.-17) from the date of his appointment till the date of his retirement. 3. Brief facts of the case are that the appellant who waE working as Sub-Engineer, was selected as S. D. O. vide Officer Order No. E-111/1-37;'72 (Provl), dated 22nd September, 1975 issued by respondent and his services were placed, on deputation with the Auqaf Department. After such selection the appellant served the Auqaf Department. After repatriation to the parent Department, the appellant was posted against a clear vacancy of S. D. O. vide Order No. SDO (C & W) 3-4/77, dated 14th January, 1979 and…

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