Law:

Section:

Civil service-- --- Advance increments--Entitlement--Advance increment allowed to all doctors in BPS-17 without distinction of their being graduates or non-graduates--Civil servant not being graduate was denied increments on basis of subsequent clarification letter that only graduate doctors were entitled to advance increments--Subsequent letter clarifying the original letter could not be construed to have the effect of changing original letter which applied to all BPS-17 doctors without distinction of their being graduates or non-graduates and as such denial of advance increments was not warranted--Civil servant with his promotion from BPS-17 to BPS: 18 became entitled to advance increments in accordance with subsequent letter--Benefit of advance increments having been allowed from 1-10-1974, but subsequently withdrawn in terms of letter dated 18-12-1978, civil servant's retirement which took place six years later in 1980 would not affect his right to advance increments. Appellant in person. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--This is the third round of litigation that the appellant, Dr. Ghulam Rasool has launched for seeking the same relief, namely the grant of five advance increments allowed to other doctors of his grade w.e.f. 1-10-1974. He had to withdraw his first appeal which was premature, as it was filed prior to exhausting of departmental remedy. So far his second appeal was concerned it was dismissed as time-barred vide judgment of the Tribunal dated 8th August, 1984. However, in view of the observations made by the Tribunal in the said judgment the appellant moved the Secretary Finance Department afresh with prayer that appropriate decision be taken on his appeal pending in the said department. In response to that representation he was intimated by the Secretary, Health Department by his letter dated 7th January, 1986 that his request for fixation of pay was turned down by the Finance Department. On receipt of that reply the appellant once again knocked at the doors of this Tribunal by tiling the present appeal. As disclosed in the memo of appeal, the appellant's case is that he joined Health Department as a Licentiate Doctor when he was only…

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