Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--- ----S. 4(b)---Appeal---Limitation---Civil servant who was initially appointed as Library Assistant in BPS-5, having been transferred against a vacant post of Librarian (BPS-15), claimed pay of that higher post, but his claim was rejected by Authority whereupon civil servant challenged the same Authority in appeal before Tribunal---Appeal was resisted on ground of bar of limitation---Held, in matter of pay and pension bar of limitation not being applicable plea of limitation raise by Authority ad no substance. 1984 PLC (C.S.) 386;' 1987 PLC (C.S.) 181 and 1986 PLC (C.S.) 66 ref. (b) Civil Servants Act (LXXI of 1973)--- ----S. 17---Transfer to higher post---Effect on pay---Civil servant who initially was appointed as Librarian Assistant in BPS-5, was placed in BPS-9 and thereafter was transferred against a vacant post of Librarian (BPS-15)---Civil servant after about 5 years from his transfer to higher post of Librarian had made representation for grant of pay of that higher post in BPS-15, but his representation was rejected by authority holding that civil servant due to lack of required qualification was not eligible for promotion to that higher post where he was presently working---Claim of civil servant was rightly rejected by authority in view of fact that he was simply FA. with a certificate in Library Science and in circumstances, was not eligible for promotion to post of Librarian ]BPS-15)---Civil servant though could not be given full pay of BPS-15, but as he had been performing higher duties, he could not be deprived of adequate compensation for doing duties of higher post---Authority was directed to pay to civil servant adequate compensation of 20% of his own pay of BPS-9 in addition to his own pay with effect from date he had been performing duties of Librarian (BPS-15) with all consequential benefits. Subah Sadiq v. Secretary, Government of Punjab 1984 PLC (C.S.) 718; 1984 PLC (C.S.) 1606; Federation of Pakistan v. Shahzada Shahpur Jan 1986 SCMR 991 and Qazi Abdul Karim's case 1978 SCMR 289 ref. Raja Muhammad Asghar Khan for Appellant. M. Javid Aziz Sindhu, Standing Counsel alongwith Ejaz Ahmed, Director…

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