| Citation(s) |
|---|
| 1985 SLG 2076 1985 SLD 2076 1985 PLC 694 |
Service Tribunal, Sindh
Appeal No. 31 of 1983, decided on 27th March, 1985.
MUSHTAK ALI KAZI, CHAIRMAN MUHAMMAD IBRAHIM LAKHIAR AND TASNEEM AHMAD SIDDIQUI, MEMBERS
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Appeal No. 31 of 1983, decided on 27th March, 1985.
MUSHTAK ALI KAZI, CHAIRMAN MUHAMMAD IBRAHIM LAKHIAR AND TASNEEM AHMAD SIDDIQUI, MEMBERS
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S. A. ANSARI
VS
CHIEF SECRETARY, GOVERNMENT OF SIND AND ANOTHER
Law:
Section:
Sind Civil Servants Act (XV of 1973)- --S. 18-Sind Civil Services Rules Manual, Vol. 1, r. 9 (39)-Pay Assistant Architect (Grade 18) appointed as and performing duties of post of Consulting Architect in higher grade for about 18 years till retirement-Refused pay of higher post and allowed only special pay at 10% of his pay by order passed after retirement pending his appeal before Service Tribunal claiming pay of higher post-Appellant, in circumstances, held, entitled to officiating pay of higher post against which he worked and for calculation of pension accordingly with arrears of salary in higher pay scale-Sind Service Tribunals Act (XV of 1973), S. 4. Muhammad Hashim v. Postmaster General and another P L D 1969 Dacca 254 rel. Naimatullah Qureshi, for Appellant. Hasan Akbar, A.A.-G. for Respondent. Date of hearing : 20th March, 1985. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN) .-The appellant, a retired Consulting Architect Buildings, Sind has a grievance regarding fixation of his pay and pension and he has accordingly preferred this service appeal. The facts in brief are that the appellant was working originally in East Pakistan as an Architect Assistant. In the year 1952 a vacancy arose under the Government of Sind in respect of the post of Consulting Architect, P. W. D., in the rank of Senior Class-I. However, the post remained vacant because no candidate with requisite qualifications was forthcoming. The appellant approached Secretary, P.W.D. in this connection and he was appointed to fill this post as stop-gap arrangement. Since he did not possess the prescribed qualification he was designated as Assistant Architect. In 1955 a Consulting Architect, a British National, was appointed on contract basis, but he resigned after short period. The appellant was nominated under Columbo Plan for studies in Canada but he was recalled after one year as there was no one to hold the post of Consulting Architect. From 12th June, 1964 the appellant again held the post of Consulting Architect and then proceeded on L.P.R. with effect from 2nd-January, 1982. While the appellant was proceeding on L.P.R. the Government issued a notification that the appellant had relinquished…
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