Law:

Section:

(a) Constitution of Pakistan (1973)- ----Art. 189---Precedent---Earlier decisions of Supreme Court rendered by Division Bench were departed from in subsequent decision of Full Bench of Supreme Court---Subsequent decision of Full Bench of Supreme Court being more authoritative was rightly followed by Courts. Federation of Pakistan v. Shahzada Shahpur Jan and others 1986 SCMR 991 ref and fol. (b) Civil Servants Act (LXXI of 1973)--S.2(1)(d)---Constitution of Pakistan (1973), Art.212(3)---Claim of civil servants to graded pay from date of their appointment---Service Tribunal affirming decision of Government that civil servants were entitled to graded pay with effect from date of obtaining basic qualification---Validity---Civil servant's appointment letters categorically contained stipulation that they would be drawing basic pay-scale only and they would not be entitled to graded pay--­Civil servants had accepted terms and conditions initially offered to them wherein they were found entitled to fixed pay of scale without any increment---Civil servants having attained basic qualification from specific date, were entitled to graded pay with effect from that date and not from date of their initial appointment on temporary basis---Finding of Service Tribunal to the effect that civil servants were not entitled to graded pay with effect from date of .their appointment and that they could claim graded pay with effect from acquiring basic qualifications did not suffer from any infirmity warranting interference by Supreme Court---Leave to appeal was refused in circumstances. Muhammad Zahoor Qureshi Azad, Advocate-on-Record for Petitioner, (in all Civil Petitions). Nemo for Respondents (in all Civil Petitions). Date of hearing: 29th May, 1997. JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J.---This judgment disposes of a bunch of matters comprising of 16 special leave petitions under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, all of which involve a common question. The titled special leave petitions are directed against the judgments of the N.-W.F.P., Service Tribunal disallowing the claim that the petitioners are entitled to the graded pay from the…

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