Case Details

Citation(s)
1985 SLG 1539 1985 SLD 1539 1985 PLC 81
Service Tribunal, Punjab
Case No. 536/575 of 1983, decided on 11th July, 1984.
S. ABDUL, JABBAR KHAN, CHAIRMAN, ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS

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Mrs. ULFAT RASHID

VS

SECRETARY TO GOVERNMENT OF THE PUNJAB, HEALTH DEPARTMENT, LAHORE and another

Law:

Section:

Punjab Civil Servants Pay Revision Rules, 1977-- ---Rr.3 & 14 and Sched. (Health Department)--Assistant Bacteriologist--­post placed in Pay Scale 16--Posts in Pay Scale 16 of Assistant Pharmaceutical Chemist and Assistant Bio-chemist incumbents whereof required to possess qualifications of M.Sc. as prescribed for post of Assistant Bacteriologist: upgraded to Pay Scale 17--Health Department pointing out anomaly and proposing similar up-gradation of post of Assistant Bacteriologist--Finance Department accepting proposal and amending relevant schedule--Amendment made effective from date of amending notification--Contentions that (1) amendment of rules cannot be given retrospective effect and (2) retrospective effect will have heavy financial repercussions--Contention rejected by Service Tribunal-­Finance Department, in circumstances, held, ought to have removed anomaly and discrimination and matter was not of issuance of retrospective amendment of rules--Civil Servants appointed on or after 1-5-1977 entitled to National Pay Scales against posts included in schedule and appellant (Assistant Bacteriologist) having been appointed on 12-5-1980, in circum­stances, held, entitled to NPS 17 from same date. West Pakistan v. S. Abdul Khaliq, Accountant, Hazara P L D 1970 S C 247 rel. Masud Ahmad Riaz for Appellant. Masood Ahmad Ghuman, Deputy District Attorney for Respondents. JUDGMENT ABDUL HAMID CHAUDHRY (MEMBER).-- Mrs. Ulfat Rashid, Assistant Bacteriologist, Punjab Drugs Testing Laboratory, 1-Birdwood Road, Lahore has made this appeal under section 4 of the Punjab 6ervice Tribunals Act, 1974, wherein she has impleaded the Secretary to Government of the Punjab, Health Department, Lahore and Secretary to Government of the Punjab, Finance Department, Lahore as respondents. 2. By virtue of this appeal, the appellant has prayed that the impugned Notification, dated 21-8-1983 in so far as it orders that the Revised National Pay Scale Rs.900 Rs.2,250 (No. 17) shall take effect from 21-8-1983 be set aside and it may he given effect from 12-5-1980 instead of 21-8-1983. 3. Brief facts of the case are that the appellant has relied on the judgment of this Tribunal, dated…
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