Case Details

Citation(s)
1986 SLG 2025 1986 SLD 2025 1986 PLC 296
Service Tribunal, Punjab
Case No. 194/75 of 1985, decided on 9th July, 1985.
S. ABDUL, JABBAR KHAN, CHAIRMAN, ABDUL HAMID CHAUDHRY AND MIAN FAIZ KARIM, MEMBERS

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Ch. MUHAMMAD IQBAL

VS

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)- ---S. 4--Limitation--Appeal filed without exhausting departmental remedy--No objection as to appeal being time-barred raised by respondent department--Tribunal directing appellant to first of all exhaust depart­mental remedy--Appellant accordingly making departmental representation and after waiting for 90 days filing fresh appeal before Tribunal-­Objection by respondent that impugned order being 9 years old appeal was time-barred--Held, (i) having not raised point of limitation against first appeal and in e-joinder to that appeal only raising question of exhausting departmental remedy, respondent department conceded that grievance of appellant was genuine (ii) present stand of respondent department was against the principle of approbation and reprobation which cannot be allowed--Appellant's case further based upon verdict of Supreme Court--Tribunal, in circumstances, repelling objection as to appeal being time-barred. (b) Civil service-- --- Pay--Posting against higher post in own pay and grade--Civil servant performing duties of higher post, held, entitled to pay of higher post. Muhammad Khan Babar v. Secretary to Government of the Punjab 1985 P L C (C.S.) 648 ref. 1978 S C M R 289 rel. Appellant in person. A.G. Humayun, District Attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN).--Ch. Muhammad Iqbal, ex-Divisional Forest Officer has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, claiming pay of higher post against which he was asked to work with the Government. He had impleaded the Secretary Forestry Department, Government of the Punjab, Lahore, and the Secretary Finance Department, Government of the Punjab, Lahore, as respondents. 21. By virtue of this appeal, he has prayed that he may be allowed additional /higher pay of Grade-18 for the period from 12-4-1975 to 30-6-1978 with consequential benefits in pension and gratuity. 3. Brief facts of the case are that the appellant vide office order No. 124/G/COF Punjab, dated 8-4-1976, Annexure 'A', was allowed to hold additional charge of the post of Divisional Forest Officer, Nurseries (Grade-18 post) from 13-4-1976 to…
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