| Citation(s) |
|---|
| 1987 SLG 761 1987 SLD 761 1987 SCMR 1914 |
Supreme Court of Pakistan
Civil Petitions for Special Leave Appeal Nos. 298 to 305 of 1982, decision dated: 8-02-1987.On appeal from the judgment of the Federal Service Tribunal dated 24-1-1982 in Appeals Nos. 79(L) to 85(L) and 87(L) to 88(L) of 1980
MUHAMMAD AFZAL ZULLAH MIAN BURHANUDDIN AND SAAD SAOOD, JAN, JJ
Ch. Muhammad Aslam Chattha, Advocate-on-Record for Petitioners (in C. P. S. L. As. Nos. 298 to 305 of 1982). Nemo for
Respondents (in C.P.S.L. As. Nos. 298, 300 to 305 of 1982). M. M. Saeed Beg, Advocate Supreme Court for
Respondent No. 1 (in C.P.S.L.A. N
Civil Petitions for Special Leave Appeal Nos. 298 to 305 of 1982, decision dated: 8-02-1987.On appeal from the judgment of the Federal Service Tribunal dated 24-1-1982 in Appeals Nos. 79(L) to 85(L) and 87(L) to 88(L) of 1980
MUHAMMAD AFZAL ZULLAH MIAN BURHANUDDIN AND SAAD SAOOD, JAN, JJ
Ch. Muhammad Aslam Chattha, Advocate-on-Record for Petitioners (in C. P. S. L. As. Nos. 298 to 305 of 1982). Nemo for
Respondents (in C.P.S.L. As. Nos. 298, 300 to 305 of 1982). M. M. Saeed Beg, Advocate Supreme Court for
Respondent No. 1 (in C.P.S.L.A. N
THE FEDERATION OF PAKISTAN and others
VS
MUHAMMAD YAQOOB KHAN and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)-----S. 4--Constitution of Pakistan (1973), Art. 212(3)--Service Tribunal, while accepting appeals of respondents, directed Federation of Pakistan to place respondents in a particular pay scale--Order impugned--Pleas that office memorandum informing respondents about rejection of their representation for higher scale was merely an intimation and an order and as such it was not appeal-able; and that appeals were time-barred, repelled--Rejection of representation against discriminatory pay scale which was given to respondents constituted an order and appeals were held, within time--Petition being without any merit, dismissed. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4--Constitution of Pakistan (1973), Art. 212(3)--Service Tribunal, while accepting appeals of respondents-railway employees, directed Federation of Pakistan to place them in a particular pay scale--Order impugned--Plea that order of Tribunal should have been directed against Ministry of Finance and not against Railways Department, found untenable--Ministry of Finance being a party to appeals filed by respondents, direction given by Service Tribunal applied to that Ministry as well--Petition being devoid of merit dismissed. JUDGMENT SAAD SAOOD JAN, J.-- These are eight petitions for special leave to appeal by the Federation of Pakistan through the Chairman, Pakistan Railways Board, from the judgment of the Federal Service Tribunal by which the appeals of the respondents were allowed and a direction was given to the Federation of Pakistan that they be placed in grade of Rs.100-4-140 in the consolidated scales of pay of 1962. 2. The respondents were employed as Return Distributors in the office of the Deputy Chief Accounts Officer, Traffic Accounts Branch, of the Railways Department. Prior to 1949, they alongwith record-lifters and record-suppliers were placed in the scale of Rs.30-1-35. In 1949 when the pay scales were revised they were again placed in the same scale as was given to record-lifters and record-suppliers. In 1962 when scales of pay were again revised the respondents were placed in the scale of Rs.95-3-125 whereas the record-lifters and…
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