Law:

Section:

Civil service ----Move-over---Grant of---Move-over which was simply an extension of pay scale of civil servant, could not be denied to-civil servant on basis of minor penalty of "censure" imposed upon him---When a civil servant could be promoted with minor penalties imposed on him, there should be no reason Whatsoever as to why benefit of extension of pay scale by way of move-over should be denied to him. 1985 PLC (C.S.) 848; Nazir Ahmed v. D.I.-G. Police, Faisalabad and others 1986 PLC (C.S.) 228; 1991 SCMR 1637 and 1994 PLC (C.S.) 1544 ref. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER).---The appellant Mr. Ghaznfar Hussain, U.D.C. in Tench Bhatta Sub-Division (E), WAPDA, Rawalpindi has come up in appeal to this Tribunal against the order dated 26-2-1994, whereby move-over from B-9 to B-10 has been granted to him with effect from 1-12-1993. The claim of the appellant is that he is entitled for move- over with effect from 1-12-1992 as he reached at the maximum of B-9 on 1-12-1992 but his move-over with effect from 1-12-1992 has been refused to him simply on the ground of punishment of "censure". His departmental appeal against the aforesaid order has also been rejected by order dated 30-9-1995 which was received by him on 19-10-1995. 2. We have heard the appellant who argued his case himself -and Syed Kazim Hussain Kazmi counsel for WAPDA along with Mr. Ghulam Hussain Departmental Representative. Admittedly move-over from B-9 to B-10 was due to the appellant with effect from 1-12-1992 but he has been granted move-over with effect from 1-12-1993 on account of minor penalty of censure awarded to the appellant vide order dated 25-1-1989. 3. The question for determination in this appal is as to whether the minor penalty of censure awarded to the appellant by order dated 25-1-1989 does or does not stand in the way of grant of move-over to him from the due date i.e. 1-12-1992. The move-over is simply an extension of the pay scale of civil servant. However, in practice the procedure like that of promotion is applied while granting move-over from a lower to the higher scale. Admittedly there is no adverse remarks in the relevant A.C.Rs. of the appellant. The refusal of…

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