| Citation(s) |
|---|
| 1993 SLG 314 1993 SLD 314 1993 PLD 200 |
Supreme Court of Pakistan
Civil Appeal No.261-P of 1990, decision dated: 15-12-1992. (On appeal from the judgment dated 11-6-1990 of the Peshawar High Court, Peshawar, in Writ Petition No.168 of 1989).
MUHAMMAD AFZAL ZULLAH, C.J., ABDUL QADEER CHAUDHRY AND WALI MUHAMMAD KHAN, JJ
Hidayatullah Khan, Anwar Khan, Advocates Supreme Court and Jan Muhammad Khan, Advocate-on-Record.
Civil Appeal No.261-P of 1990, decision dated: 15-12-1992. (On appeal from the judgment dated 11-6-1990 of the Peshawar High Court, Peshawar, in Writ Petition No.168 of 1989).
MUHAMMAD AFZAL ZULLAH, C.J., ABDUL QADEER CHAUDHRY AND WALI MUHAMMAD KHAN, JJ
Hidayatullah Khan, Anwar Khan, Advocates Supreme Court and Jan Muhammad Khan, Advocate-on-Record.
CONTROLLING AUTHORITY, N.W.F.P. BOARD OF TECHNICAL EDUCATION, PESHAWAR and another
VS
ABDUL SALAM SECRETARY, N.W.F.P. BOARD OF TECHNICAL
Law:
Section:
(a) North-West Frontier Province Board of Technical Education Ordinance (XVIII of 1972)------- S. 15 --- Constitution of Pakistan (1973), Arts.185(3) & 199 ---- Leave to Appeal was gr anted against the acceptance of a Constitutional petition by High Court filed by a person who was serving as Secretary, Board of Technical Education in Grade-18, when his post was upgraded to B.P.S. 19 and he became the direct first beneficiary thereof but the Controlling Authority refused to accord the approval. (b) North-West Frontier Province Board of Technical Education Ordinance (XVIII of 1972)--- ---- Ss. 15 & 10 --- Post of Secretary of the Board was upgraded by the Board in B.P.S. 19 from B.P.S. 18 --- Controlling Authority viz. Governor of the Province refused to give approval to such upgradation --- Effect --- Mere fact that the Board had the power to regulate the administrative matters or to appoint staff and determine their duties and conditions of their service would not dilute the effect and command contained in S. 15 which would control the powers of the Board granted to it by virtue of S. 10 of the Ordinance. (c) Civil service --- ---- Refund of salary and allowances --- Order directing the civil servant to refund excess amount received by him in shape of salary and allowance was found to be legally not correct --- Refund of the excess amount received by civil servant as pay and allowances on the basis of such order was declared to be null and void by the Supreme Court. Engineer-in,- hief Branch v. Jalaluddin PLD 1992 SC 207 ref. MAzam Khan, Addl. A.-G., N.-W.F.P. and Nur Ahmad Khan, Advocate-on-Record for Appellant. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.-- This appeal through leave of the Court has arisen out of a service matter in relation to the N.-W.F.P. Board of Technical Education. Leave to appeal was granted against the acceptance by the High Court of the Constitutional (Writ) Petition filed by Mr Abdul Salam respondent herein who was serving as Secretary to the Board in Grade 18; when his post was upgraded to BPS-19 and he became the direct first beneficiary thereof. This having been done by the Board of Technical Education after the upgradation…
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