| Citation(s) |
|---|
| 1989 SLG 2404 1989 SLD 2404 1989 PLC 773 |
Federal Service Tribunal, Islamabad
Appeal No. 211 of 1988, decided on 6th June, 1989.
MALIK MUHAMMAD PARVEZ KHAN, CHAIRMAN AND TAJ MUHAMMAD KHAN, MEMBER
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Appeal No. 211 of 1988, decided on 6th June, 1989.
MALIK MUHAMMAD PARVEZ KHAN, CHAIRMAN AND TAJ MUHAMMAD KHAN, MEMBER
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MUHAMMAD IQBAL and another
VS
CHIEF SECRETARY TO GOVERNMENT OF N.W.F.P., PESHAWAR and 4 others
Law:
Section:
North-West Frontier Province Service Tribunals Act (I of 1974)-- --S.4--Govcrnmcnt of North-West Frontier Province Finance Department, Memo. No. FD(SR-1)1-67/82-II, dated 2-2-198-t--Civil servants having been selected in Grade-18 on regular basis from 1-9-1982, opted to draw their salary in Grade 17 as at that time same was beneficial to them--Civil servants entitlement to pay/increments of N.P.S.18--Finance Department's memo. dated 2-2-1984 was meant to mitigate the hardship which a Government servant might face in circumstances when he was promoted/posted in higher grade but the pay of the said grade was lesser than the pay of the lower grade--Intention of the Government being to reduce the worries of its employees, they were thus given the option to draw the pay of lower grade/scale to avoid the financial problem-What the Rules allowed the civil servants, the respondents, on account of wrong interpretation and analysis of the Rules, tried to take back from them--Civil servants had been working against the Grade-18 post, having qualified the examination conducted by the Public Service Commission--Even otherwise such civil servants were entitled to pay/increment of that Grade but since the pay at the time they qualified for the post was lesser than the pay they were drawing, so they opted, per Rules to draw the pay in Grade 17, but in no way they could be deprived of the increment falling due on the date they were promoted viz. 1-12-1985 and onward on any analogy--Civil servants were allowed to draw the increments of Grade-18 from 1-12-1985 onward but were not entitled to arrears. Shahzada Shahpur Jan for Appellants. Syed Asif Shah for Respondents. JUDGMENT MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).-Appellants two in number have moved this Tribunal through the present appeal against order No.3551/A-12, dated 22-11-1988 of respondents No.5 vide which the decision of respondent No.2 in respect of their representation dated 19-7-1988 was conveyed to them. According to the averments in the grounds of appeal, the appellants were confirmed Senior English Teachers with effect from 1-6-1963 to 20-7-1975 in BPS-16. They were selected in the competitive examination of…
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