Law:

Section:

Constitution of Pakistan (1973)-- ----Art. 199---Employee of statutory body---Eligibility for post of Naib -Tehsildar--Employee was given acting charge of Naib-Tehsildar on specified date instead of promoting him to said post---Main grouse of employee was that although he continued to work as Naib-Tehsildar, yet he was not given pay of the higher post---Authority admitted that employee had been working as Naib-Tehsildar from specified date till the date of his superannuation---Employee having worked to higher post for a number of years was entitled to pay of said post inclusive of increments and also to further relief that his pension papers be prepared at the rate of pay which was admissible to him as Naib-Tehsildar inclusive of increments---Petitioner's further prayer that his case be ordered be placed before Departmental Promotion Committee to the said post to cone. the same for promotion was, however, declined for the reason that he already superannuated and it would not serve any useful purpose to send his case to Departmental Promotion Committee. Federation of Pakistan v. Shahzada Shahput Jan and 2 others 1986 SCMR 1991 and Sarwar Ali Khan v. Chief Secretary to Government of Sindh and another PLD 1994 SC 233 ref. JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan proceeds on the ground that the petitioner joined the respondent-Authority on 7-10-1953 as Patwari and was promoted as Qanungo on 1-3-1971. It is submitted that the petitioner was fully eligible for the post of Naib-Tehsildar in the year 1981 when the petitioner was given acting charge of the Naib-Tehsildar on 2-6-1981 instead of promoting him to the said post. The petitioner continued to work against the post of Naib Tehsildar from 2-6-1981 till the date of his superannuation/retirement i.e. 8-11-1994. The main grouse of the petitioner, as disclosed in the petition, is to the effect that although he continued to work as Naib-Tehsildar, yet he was not given the pay of the higher post. According to the petitioner, he has been representing, against the above­said treatment but in vain. It is added that after the superannuation of the petitioner, a…

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