Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974

Section: 3,6,9

(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---Rs. 3, 6 & 9--Temporary promotion to upgraded post--Transfer from-­Petitioner, while serving as Senior Scale Stenographer was temporarily promoted by competent Authority as Private Secretary, a post which subsequently was upgraded with special pay--Petitioner by virtue of office order passed by competent authority was transferred from that post to other department where he was placed in same designation, scale and grade except that special pay attached to post of Private Secretary ceased to be admissible to petitioner for the reason that he was no more holding charge of that post--Petitioner, challenged his transfer culminating into discontinuation of special pay and contended that his transfer amounted to demotion/reduction in rank and reduction of emoluments-­Petitioner having been temporarily promoted to post of Private Secretary and no material having been referred to demonstrate that petitioner had a legal right to hold that post, his case was of transfer simpliciter and not of demotion, reduction in rank or emoluments or of punitive measure as contended by petitioner.-Order passed by competent Authority thus could not be interfered with. Parshotam Lal Dhingra v. Union of India A I R 1958 S C 36 and Shamim Mustafa Ansari and others v. Government of Punjab 1972 P L C 590 ref. (b) Income tax---------- ---West Pakistan Travelling Allowance Rules, 1969, R. 1.17--Travelling allowance and daily allowance awarded to a person when he was to perform a journey in public interest, held, could not be converted into a source of profit by that public servant--Such allowances neither being a profit nor a part of remuneration, could not be subjected to income-tax or to profit tax and could not be counted in the income of civil servant. ORDER Petitioner feeling aggrieved by his transfer from the post of Private Secretary to the Chairman, Punjab Public Service Commission (hereinafter referred to as the Commission) to the Recruitment Branch as Senior Scale Stenographer, on 25-9-1988,by the order of Secretary to the Commission culminating into discontinuation of special pay, has invoked…

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