Law:

Section:

Constitution of Pakistan (1973) Art. 212(3) Promotion to officiate in Grade 17 on current charge basis pending clearance from Departmental Promotion Committee against existing vacancies Civil servant's promotion on regular basis after clearance by the said Committee Civil servant's claim for higher pay in Grade 17 for the period prior to regular promotion was declined Service Tribunal allowed civil servant's claim Validity Service Tribunal had found that factually civil servants were promoted to officiate/hold charge of higher post and they could not be regarded on current charge basis No substantial question of law of public importance being involved in the case and of Service Tribunal being just and proper, no ground was made out for grant of leave Leave to appeal was refused in circumstances. ORDER AJMAL MIAN, J. By this common order we intend to dispose of above petitions which are directed against the judgment dated 27 9 1992 passed by the learned Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, in Appeals Nos.10 14(L)/90 filed by the respondent No.1 in each of the above petitions, for claiming the difference in the pay, allowing the same for the following reasons: "Under the above circumstances and after hearing the parties, it is a established as under: (i) That the orders of posting of the appellant against higher post of Accounts Officer 1I Gd 17 cannot be regarded on current charge basis in Gd 16 as these orders are invalid and incompetent ab initio. According to the spirit of the orders, it is to be regarded as appellant's temporary promotion to officiate/hold the charge of the higher post. (ii) That the departmental representation/appeal of the appellant was in order. (iii) That the delay in making an appeal to the FST to pray/claim for arrears of pay and allowances for higher post was not appreciable and did not attract the…

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