Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--- ---S.4--Pay--Fixation of--Appellant, an optee from former Indian Railways where he was employed as Cash Clerk, transferred to Pakistan, under the Inter-Dominion Agreement, and posted as Cash Clerk in Food Department, of Railways but on abolition of said Department, appellant, unlike other clerical staff who were rendered surplus and absorbed as clerks, was posted as Number Taker which post was lower than a clerk in scale of pay--Benefit of re-fixation of pay allowed to all such employees of former Indian Railways except appellant w.e.f. 12=10-1953 who were working as clerks on such date--Appellant having been allowed seniority as clerk (Grade I) w.e.f. 11-12-1949 there was no justification for not treating him as such on 12-10-1953, although he was then working as Number Taker, and for not allowing him benefit of refixation of pay--Appeal allowed, impugned order set aside and benefit of refixation of pay directed to be allowed to appellant. (b) Service Tribunals Act (LXX of 1973)-- ---S.4--Appeal--Limitation--Condonation of delay--Technical plea of limitation should not be allowed to defeat claim of appellant relating to wrong done to him in matter of fixation of pay--Explanation for condonation of delay accepted and delay condoned--Limitation Act (IX of 1908). S.5. M.A. Malik for Appellant. A. T. Mahmood for Respondents. Date of hearing: 10th February, 1987. JUDGMENT MUHAMMAD IRSHAD KHAN (MEMBER).--It is the case of the appellant that at the time of partition of the Sub-Continent, he was employed in a former Indian Railways as a Cash Clerk when he was transferred to newly-established Pakistan to serve in the Railway Department under the inter-dominion agreement and he accordingly reported for duty to the Divisional Superintendent N.W. Railway (now Pakistan Railway), Lahore, on 15-11-1947 where he was posted as Cash Clerk in Grain Shop, Changa Manga, Lahore Division. In 1949, however, as a consequence of abolition of Food Department in Railway, all the clerical staff rendered surplus were absorbed as clerks but under the orders of the Divisional Superintendent, Lahore, dated 20-7-1949 the appellant was posted as Number…

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