Case Details

Citation(s)
1985 SLG 2408 1985 SLD 2408 1985 PLC 234
Service Tribunal, Punjab
Case No. 310/1363 of 1981, decided on 17th May, 1982.
S. ABDUL, JABBAR KHAN, CHAIRMAN AND S. HAFIZ-UR-REHMAN, MEMBER

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SLAMAT ALI KHAN

VS

GOVERNMENT OF PUNJAB through Secretary, Finance Department

Law:

Section:

Civil service-- --- Pay scale--Difference in Secretariat and non-Secretariat staff-­Tribunal not to decide entitlement--Governor to decide what scale of pay a post will carry on basis of importance of duties. Ch. Muhammad Rafiq Iqbal for Appellant. H.R. Cheema, District Attorney for Respondent. JUDGMENT HAFIZ-UR-REHMAN (MEMBER).-- In this case the appellant, Salamat Ali Khan, an Assistant in the Office of the Chief Engineer, Highway Department, impugns order, dated 7-5-1981 passed by the respondent (Secretary, Finance Department) and conveyed to him by his office on 19-5-1981 refusing to him and to other Assistants working in non-Secretariat offices the grant of N. P. S. 11 (and N. P. S. 14 to 20 percent. of them) as granted to Assistants of the Secretariat w.e.f. 18-5-1980. 2. The appeal is grounded on facts which should be briefly narrated. The Finance Department promulgated the Punjab (Non-Gazetted) Civil Servants Pay Revision Rules, 1972. In the Schedule appended to these Rules, it was shown that Assistant/Head Clerk at serial No. 8 and Assistants in Secretariat Departments and the High Court at serial No. 9, who were in different pay scales till then, would, under the Pay Revision Rules, henceforth be in N.P.S.-10. Again, when the Civil Servants Pay Rules were promulgated in 1977 and Pay Scales were revised upwards, in the relevant Schedule Assistant/Head Clerk at serial No. 8 and Assistant in Secretariat Department, Provincial Assembly and the High Court at serial No.9 were both shown to be recipients of the revised N.P.S.-10. It may be mentioned that both in 1972 and in 1977 the above-mentioned posts were carried in the Schedule under the main heading 'Posts Common to Different Departments'. The grievance of the appellant can be said to have started when Finance Department issued its notification, dated 27-5-1980 whereby against serial No.9 the words 'In Secretariat Departments' following the word 'Assistant' were deleted and after serial No. 37 under the main heading "Punjab Civil Secretariat" added as serial No. 37-A showing that Assistant, under the revised dispensation would be in N.P.S.-10 upto 17-5-1980 and in N.P.S.-11 w.e.f. 18-5-1980. However,…
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