Case Details

Citation(s)
1989 SLG 2079 1989 SLD 2079 1989 PLC 35
Service Tribunal, Punjab
Case No. 501/881 of 1986, decided on 17th September, 1987.
IHSANUL HAQ CHAUDHRY, CHAIRMAN AND KH. MUHAMMAD YOUSAF, MEMBER
M.A. Riaz for Appellant. A.G. Humayun, District Attoney for
Respondents.

MUBASHIR HUSSAIN

VS

PUNJAB PROVINCE through Secretary to Government of the Punjab, Finance Department, Lahore and 3 others

Law:

Section:

(a) West Pakistan (Non-Gazetted) Civil Services (Pay Revision) Rules, 1959-- ---Option--Civil servants provided right of option to opt for one of the pay scales namely prescribed time scale, existing time scale and old time scale--Stenographer of Office of Deputy Chief Engineer, enjoying protection of Bahawalpur Government Irrigation Secretariat pay scale, exercising option for pay scale of Stenographer of Non­-Secretariat Office, held, was not entitled to protection for Secretariat pay scale of his-unit--Such Civil Servant continuing enjoying Secretariat pay scale wrongly by fraudulent fixation of entries in Service Book and subsequently requesting for being allowed re-exercise of option and for regularisation of pay thus drawn wrongly--Held, (i) Employee was bound by option exercised by him and was estopped by his conduct to challenge validity of option; (ii) no legal hurdle will stand in the way of Government/ Department to rectify the fraudulent fixation of pay and to set aside fraudulent entries in Service book relating to such fixation. (b) Punjab Service Tribunals Act (IX of 1974)-- ---S.4.-Appeal before Tribunal--Not competent in absence of a final order by Departmental authorities--Accountant-General seeking clarification from Departmental authorities about admissibility of particular pay scale to appellant--Matter not yet decided by Department--Appellant making representation--Such representation not directed against any order and on its rejection filing appeal before Tribunal--Appeal, in circumstances, held, an attempt to forestall any future action by Department and there being yet no final order, was incompetent. JUDGMENT IHSANUL HAQ CHAUDHRY (CHAIRMAN).--The relevant facts for the disposal of the present appeal are that the appellant joined as Junior Clerk on 13-3-1948 and was working as Stenographer Grade II on the eve of One Unit in the office of the Deputy Chief Engineer. In the year 1959, Pay Revision Rules were introduced and the Civil Servants were asked to give their option. This way there came into existence three different scales namely prescribed time scale, existing time scale and old time scale. Therefore, the civil servants were…
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