Law:

Section:

(a) Civil service- --- Ministry of Finance (Regulation Wing), O.M. No. F.340-R(11)/76, dated 3rd May, 1976--Ministry of Finance O. M. No. F.1(2-I) N(1-Imp-11/73-384/74, dated 8th May, 1974--Civil servant, a Draftsman of NPS-7 claiming to be placed in NPS 11 on basis of Finance Division's O.M. dated 8th May, 1974--Finance Ministry O.M. dated 3rd May, 1976, with reference to para. 2 of O.M. dated 8th May, 1974 could be extended to Draftsmen of A and B Grade whose basic qualification for direct recruitment was Matric with three years diploma course from a recognized institution--NPS-11 was also allowed to Draftsman promoted from lower grade to A and B grade posts of Draftsmen whose basic condition for direct recruitment was Matric with three years Diploma Course irrespective of their educational technical qualification i.e. prescribed qualifications in their case were not to be insisted upon--Civil servant, however, could not derive benefit of concession made in case of promotee Draftsman as he was directly appointed as Draftsman, Grade II--Civil servant thus did not have a case for entering into NPS 11 and his representation was rightly rejected. (b) Service Tribunals Act (LXX of 1973)-- ---S. 4--Appeal--Placement in a particular NPS Grade--Compentency-­Limitation--Civil servant's claim to be placed in a particular NPS Grade was based on Finance Division's O.M. dated 3rd May, 1976--Civil servant made representation to Authority for the first time on 31-1-1986, which was rejected vide communication dated 6-5-1980--Civil servant's appeal filed on 8-12-1986 was thus time-barred--Civil servant's appeal was also hit by proviso (a) to S. 4(1) of Service Tribunals Act, 1973, as no departmental appeal was filed by him--Appeal thus was not competent. Raja Muhammad Asghar Khan for Appellant. Hafiz S.A. Rahman for Respondent. Date of hearing: 22nd December, 1988. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN).--Appellant Mir Ghulam Sarwar has been serving as a Draftsman, Class B, in Engineer-in-Chief's Branch GHQ, Rawalpindi since April. 1960. On the introduction of the National Pay Scales, the posts of Draftsmen, Class B, stand placed in NPS-7. The appellant made representations…

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