| Citation(s) |
|---|
| 1986 SLG 2267 1986 SLD 2267 1986 PLC 734 |
Service Tribunal, Punjab
Case No. 59/519 of 1983, decided on 29th March, 1984.
S. ABDUL, JABBAR THAN, CHAIRMAN AND ABDUL HUMID CHAUDHRY, MEMBER
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Case No. 59/519 of 1983, decided on 29th March, 1984.
S. ABDUL, JABBAR THAN, CHAIRMAN AND ABDUL HUMID CHAUDHRY, MEMBER
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MUHAMMAD RAFI
VS
GOVERNMENT OF THE PUNJAB, LAHORE and others
Law:
Section:
(a) Civil Services Gazetted (Pay Revision) Rules, 1973-- ---Rr. 5(1)(3)(a) & (4)--Notification, dated 13-1-1975--Refixation of pay of Chief Conservator/ Additional Chief Conservator of Forests in N . P . S . 20--Notification , dated 13-1-1975 , held, would be effective from 1-3-1972 entitling incumbents to pay revision from such date--Pay fixed on erroneous assumption that notification, dated 13-1-1975 was effective from 1-1-1975, would not be in accordance with Rules. (b) Punjab Service Tribunals AM (IX of 1974)-- ---S. 4--Appellate jurisdiction--Appeal against illegal and void order-Limitation for--Limitation for filing appeal against illegal and void order, held, would not run out--Appeal filed in 1983 against original void order passed in 1980, would be maintainable--Service Tribunal while accepting appeal directing refixation of pay with effect from 1-3-1972 with observation regarding desirability of amendment of Rules to make same effective from 1-3-1972. Appellant in person. A.G. Humayun, District attorney for Respondents. JUDGMENT S. ABDUL JABBAR KHAN (CHAIRMAN). --Muhammad Rafi (Retd.) O.S.D. (Enquiries), Government of Punjab Services, General Admn. and Information Department has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against order, dated 10-9-1980 of respondent No. 2 contained in memo. No. F.D./S.R.1-1-7/74(PR) and 9-1-1983. received on 11-1-1983. He has impleaded & the Chief Secretary Government of the Punjab, Lahore, the Secretary, Government of the Punjab, Finance Department, Lahore and the Budget and Accounts Officer (Ft). Government of the Punjab, Forestry and Wildlife Department, Lahore, as respondents. 2. By virtue of this appeal, he has prayed that the Government of the Punjab in the Finance Department be directed to allow their Notification No. FD-PR-3-1/74-A, dated 13-1-1975 to take effect from 1-3-1972, so far as it relates to the posts if Chief Conservator of Forests/ Additional Chief Conservator of Forests held by the appeal from 1-3-1972 to 1-1-1975, as well as to direct the budget and Accounts Officer (Forests), Forestry and Wildlife Department to refix the pay of the appellant as Chief…
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