Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)- -- S. 16-Punjab Service Tribunals Act (IX of 1974), S. 4 - Pay ­Civil servant of Grade 18 appointed to perform duties of higher post in Grade 19 but with rider `Gin his own pay scale"-Claiming pay of higher post - Objection that such appointment not made with approval of Governor being competent authority -- Objection repelled-Civil servant (appellant), in circumstances, held entitled to pay of higher post. 1978 S C M R 289 rel. (b) Punjab Service Tribunals Act (IX of 1974)- -- S. 4-Limitation - Lathes - Appellant appointed to perform duties of higher post but in his own pay scale in 1975-Agitating for pay of higher post in 1978 though performing duties of higher post continuously since. 1975-Objection that appellant was guilty of lathes-No vested right, held, stood created in Government against claim of appellant-Interpretation of limitation, in circumstances, held, to be made in broader sense-Objection repelled. P L D 1970 Pesh. 194 rel. Masud Ahmad Riaz for Appellant. A. G. Humayun, District Attorney for Respondent. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).-Dr. Muhammad Khan Babar, Professor of Pharmacology, Quaid-i-Azam Medical College, Bahawalpur, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Secretary to Government of Punjab, Health Department, Lahore, as respondent. 2. By virtue of this appeal it has been submitted that the original order in so far as it contained the condition of "own pay scale" as well as the final order, dated 26th November, 1983/3rd December, 1983 be set aside and respondent be directed to allow pay plus increments of the Grade/Pay scale attached to the post of Professor of Pharmacology w. e. f. 3rd September, 1975. 3. Brief facts of the case are that the appellant now Professor of Pharmacology was allowed to hold the charge of post of Professor of Pharmacology in his own grade by way of stop gap arrangement as the post of Professor was then lying vacant. The appellant was then working as a regular employee as Assistant Professor in Grade-18, while the post of Professor carried Grade/B. P. S. 19. This arrangement was allowed…

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