Law:

Section:

Fundamental Rules--R.17---Constitution of Pakistan (1973), Art. 212(3)---Entitlement of civil servant to special pay---Civil servant was granted benefit of special pay effective from the day when he assumed charge of the post---Service Tribunal allowing civil servant special pay with effect from the day when he reported for duty---Validity---Leave to appeal was granted to consider whether Service Tribunal had correctly interpreted F.R. 17 and of Supreme Court in 1985 SCMR 1394, according to which an officer would begin to draw pay and allowance attached to his tenure of post with effect from the date when he assumed duties of that post. 1985 SCMR 1394 rel. ORDER ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the judgment of the Federal Service Tribunal, Islamabad, dated 24-11-1992. 2. Respondent No. 1 was on deputation with the Finance Division (Military), Pakistan Secretariat No. 2, Rawalpindi. A post of Group Officer fell vacant in January 1989 at Lahore. There being no officer of appropriate grade of Inter-Department Cadre available, respondent No. 2, senior-most officer available, was appointed as Group Officer on 17-1-1989 on temporary basis. Respondent No. 1, though senior to respondent No. 2, was junior to one Muhammad Aslam, who was also on deputation. On the request of respondent No. 1 he was repatriated to his parent department. He claimed promotion in place of respondent No. 2 who was junior to him in service. As the deputation period of Muhammad Aslam was extended on the request of the Establishment Division, respondent No. 1 was appointed as Group Officer on 11-6-1989 to replace respondent No. 2. It was made dear to respondent No. 1 that this was purely a temporary arrangement and he…

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