Law:

Section:

Civil service-- ---- Transfer to next higher scale---Civil servant who reached ceiling of Scale No. 3, was offered two options: Transfer to next higher scale of pay on reaching the ceiling of scale or transfer to the next higher scale of pay on the completion of every ten years' service in an ex cadre post---Civil servant was informed that option once exercised should be treated as final and irrevocable---Civil servant opted first option and resultantly was allowed Scale No. 4 and thereafter, Scale No. 4-A at due turn, but later on his request to transfer him to next higher Scale No. 5 was rejected by Authority concerned---Option offered to civil servant not only had approval of Competent Authority, but also was acted upon at two occasions and it was made clear that action was final and irrevocable---Civil servant, thus, was entitled to be transferred to the next higher Scale No. 5 as requested by him. Syed Ali Shah v. Ministry of Defence 1994 CLC 369 ref. JUDGMENT ROSHAN ALI MAGI (MEMBER).---The facts leading to this appeal in brief are that the appellant, Sakhi Akbar, was initially working on consolidated monthly contract from 1966 as a Script Writer-cum-Announcer in the Shina Section in the Pakistan Broadcasting Corporation. Later on, he joined as a Script Writer on regular basis on 1-4-1975. 2. As a result of Memorandum of Settlement it was decided in the year 1974, that where there is no avenue of promotion, such employee shall be entitled to the transfer to next higher scale on completion of every 10 years of service. 3. The appellant reached the ceiling of his pay scale as on 1-12-1978 arid became entitled to Scale No. 4 with effect from 1-12-1979 by virtue of grant of certain increments. However, he did not complete the required length of service of 10 years but then he requested to grant him transfer to the next higher scale as he reached the ceiling of Scale No. 3. His case was considered at the higher level, ultimately it was decided to offer him following two options vide letter dated 27-1-1980, to opt one-- (1) transfer to the next higher scale of pay on reaching the ceiling of a scale; and (2) transfer to the next higher scale of pay on the…

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