Law:

Section:

Constitution of Pakistan (1973)-- ----Art. 199---Constitutional petition---Employee of statutory corporation--­Grant of acting charge of Naib-Tehsildar on specified date---Employee continued to work against post of Naib-Tehsildar from such speed date till the date of his superannuation/retirement--Entitlement to pay of the post on which he had been working---Authority having admitted that employee had been working as Naib-Tehsildar i.e. the higher post, from specified date till the date of his superannuation, he was entitled to the 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---Employee's further claim that his case be ordered to be placed before Departmental Promotion Committee to consider the same for promotion to said post was, however, declined for the reason that employee had already superannuated and no useful purpose would be served if his case was sent to Departmental Promotion Committee. Federation of Pakistan v. Shahzada Shahout Jan and 2 others 1986 SCMR 1991 and Sarwar Ali Khan v. Chief Secretary to Government of Sindh and another 1994 SC 233 rel. 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 Le. 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 letter was circulated…

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