Case Details

Citation(s)
1996 SLG 404 1996 SLD 404 1996 PLC 265
Federal Service Tribunal, Islamabad
Appeal No. 243(L) of 1995, decision dated: 10-10-1995, hearing DATE : 7-08-1995
MUHAMMAD ISMAIL AND NOOR MUHAMMAD MAGI, MEMBERS

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MUHAMMAD ISHTIAQ ANWAR

VS

DIRECTOR (COORDINATION), WAPDA COMPUTER CENTRE, MULTAN and 2 others MUHAMMAD ISHTIAQ ANWAR Vs DIRECTOR (COORDINATION), WAPDA COMPUTER CENTRE, MULTAN and 2 others

Law:

Section:

Civil service- ---- Fixation of pay---Authority introduced a scheme for fixation of pay of civil servants and required them to submit their option for such fixation within specified period---Civil servant could not submit his option within specified period as according to him office memorandum inviting option from civil servants, was received late---Period for submission of option later on was extended and civil servant submitted his option before expiry of extended period, but same was turned down on ground that civil servant had not exercised his option within specified period---Option having been exercised by civil servant before expiry of extended period, his option could not have been treated as time-barred---Mere technicality of limitation could not be applied in matter relating to fixation of pay because loss of pay was a continuing cause of grievance. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER).-This appeal is directed against the impugned order dated 19-10-1994 and final order dated 17-5-1995, whereby claim of the appellant for fixation of his pay in accordance with the para. 2(b) of the O.M. dated 20-7-1992 was rejected. 2. The facts of the case are that vide O.M. dated 20-7-1992, WAPDA Authority has introduced two methods regarding fixation of pay of employees in B-1 to B-15 who have been allowed advance increments on qualification basis, and the employees were required to submit their options within 3 months of the issuance of this O.M. According to the appellant, he submitted his option for fixation of his pay in accordance with the para. 2(b) of the said O.M. and his option was duly forwarded vide letter dated 10-3-1993. But since the option was submitted after the due date prescribed in O.M. dated 20-7-1992, therefore, it was returned and the appellant was informed accordingly on 2-11-1994, against which he made a representation on 5-12-1994 to the General Manager (IS) WAPDA Computer Centre (Hqrs), WAPDA House, Lahore, which was also rejected vide order dated 17-5-1995. Rejection order was communicated to the appellant on 24-5-1995. He, therefore, filed this appeal on the ground that the O.M. dated 20-7-1992 was not received within time in the office,…
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