Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Constitution of Pakistan (1973)--Art. 212(3)---Leave to appeal was granted in a case which involved the question as to whether the civil servant was not entitled to the salary of the higher post on which he was made to work, although he had not yet been promoted to the same. Province of the Punjab v. Muhammad Ashraf 1973 SCMR 304; Postmaster General. Eastern Circle (E.P.), Dacca v. Muhammad Hashim PLD 1978 SG 61; Islamic Republic of Pak. v. Qazi Abdul Karim. Dy. Accountant-­General, N: W.F.P., Peshawar 1983 SCMR 883; Federation of Pakistan v. Shahzada Shahpur Jan and 2 others 1986 SCMR 991 and Imdad Ali Khan v. Pakistan and another PLD 1986 SC 349 ref. (b) Civil service--- ---- Civil servant made to work on higher post although he was not yet been promoted to the same---Benefits permissible to such civil servant---Exceptions. If the civil servant who was made to work on higher post although he was not promoted was qualified and eligible, he was entitled to at least some benefit, there could not be a total denial namely, that the Government did not allow any benefit of the higher pay. It was within the discretion of the Government to grant lesser benefit in pay but total denial was not permissible if other conditions were satisfied. Case was remanded by the Supreme Court for determination by Government or its delegate as to: whether in the light of the rulings in the cases of Muhammad Hashim PLD 1978 SC 61 and others, it would allow the minimum pay of the higher scale; if not; whether, it will allow some benefit in pay which cannot be denied in toto if all the conditions are satisfied. In that connection a token benefit in pay could also be granted. While following the case of Muhammad Hashim ordinarily the minimum scale of pay of the higher post and in some cases further reduced pay would satisfy the command of law; but, in rare cases where the other benefits tenable or otherwise relatable to status are enough to offset the pay increase, the same could be only notional as well. Eligibility and qualification shall always have to be kept in mind. If a person is made to work on a higher post for which he suffers the disqualification and/or ineligibility…

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