| Citation(s) |
|---|
| 1997 SLG 991 1997 SLD 991 1997 PLC 936 |
Lahore High Court
Writ Petitions Nos. 17490 of 1993, 501 and 11731 of 1994, heard on 23rd May, 1997.
IHSANULHAQ CHAUDHRY, J
Naveed Saeed Khan for Petitioners. Syed Niaz Ali Shah, Add]. A.G. for
Respondents.
Writ Petitions Nos. 17490 of 1993, 501 and 11731 of 1994, heard on 23rd May, 1997.
IHSANULHAQ CHAUDHRY, J
Naveed Saeed Khan for Petitioners. Syed Niaz Ali Shah, Add]. A.G. for
Respondents.
MUHAMMAD AKRAM BHATTI and others
VS
GOVERNMENT OF PUNJAB and others
Law:
Section:
(a) Rules of Business (Punjab)R. 17Scope ofR. 17, Rules of Business (Punjab), Ministry of Law and Parliamentary Affairs was required to be consulted by other Departments on legal questions arising out of any case and the matter of interpretation of any law etc.Legal dispute having arisen, concerned department was under statutory obligation to refer the matter to Law and Parliamentary Affairs Department and if not satisfied matter could have been agitated further as provided under R. 17Department concerned could not interpret law itself and then stick to thatSuch tendency being illegal and irrational, could not be countenanced because that did not help to solve the issues in accordance with law but complicated the same. (b) Words and phrases "Law"connotation. The word "law" would cover not only an Act and Ordinance but also Rules, Byelaws, Regulations, Notifications and Circulars issued thereunder. (c) Constitution of Pakistan (1973) Art. 199Constitutional petitionCivil serviceAdvance incrementClaim of advance increments after acquiring higher educationPetitioners joined as Junior Clerks on the basic qualification of Matric, promoted as Senior Clerks and then Assistants at the. time of filing of Constitutional petitionPetitioners during service had passed F.A. and many of them had also done GraduationPetitioners claimed advance increments vide Finance Department's Notification of 1991Petitioners were denied advance increments for acquiring higher educational qualification on the ground that basic qualification for the post of Assistant was B.A. under relevant Recruitment Rules, therefore, the petitioners even though were promoted as Assistants from Senior Clerks were not eligible for advance increments and in that context Government had issued instructions to all concernedRules, prescribed qualification for post of Assistant for inservice candidates as MatricHeld, it would be unjust and illogical, in circumstances, to treat petitioners prescribed qualification as Graduate which was applicable to direct recruitsPetitioners, who had acquired/possessed higher qualification were, therefore, entitled to advance increments in circumstances. JUDGMENT It is proposed to…
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