Law:

Section:

Rules of Business, 1973--- ----R. 12---Reversion---Civil servant who initially joined service as Lower Division Clerk in Office of Controller of Inspections under Ministry of Industries, finally was promoted as Superintendent in BPS-16---Later on order granting BPS-16 to civil servant was withdrawn and he not only was reverted to his original BPS-13 but amount of difference of pay between his original BPS­13 and BPS-16 which was received by civil servant after his promotion to BPS­16, was also ordered to be recovered from him on ground that office of Controller of Inspections in which civil servant was working had status of subordinate office as compared to attached Departments of Industries Division--­Held, Art. 25 of Constitution of Pakistan (1973) did not allow discrimination to prevail and if similar functions were performed by two officials in the same capacity, but in various offices they could not be discriminated in terms of their pay, promotion and other benefits---Even if there was water-tight compartmentalisation between subordinate offices and attached Departments, officials working in various sections and performing similar jobs could not be put to suffer discriminative and arbitrary effect of the unrealistic and unconstitutional rules and instructions particularly when Pay Commissions and Administrative Reforms Committees had successively recommended removal of such discriminative anomaly---Civil servant, in circumstances, was fouled entitled to benefit of salary, fixation and Selection Grade (BPS-16) as admissible -to Superintendent in attached Departments of Government---Recovery of amount .was also ordered to be refunded to civil servant. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER).---The appellant, after serving for more than 40 years under the Ministry of Industries, has retired on 1-11-1995 from the Office of Controller of Inspections, Lahore. He joined the service in 1954 as L.D.C. and was finally promoted as Superintendent on 1-5-1986. Prior to his promotion as Superintendent he was holding the post of Assistant In charge and since no scale of pay was mentioned in the order whereby he was appointed as Superintendent, he drew his pay in the scale…

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