Law:

Section:

(a) North-West Frontier Province Civil Servants Act (XVIII of 1973)-------S. 17---Constitution of Pakistan (1973), Art. 212(3)---Claim for salary of higher post---Question of limitation---Civil servants, having worked on higher post for number of years, claimed salary of such higher post---Service Tribunal although found civil servants entitled to salary of higher post, yet allowed them salary of three years on assumption that salary beyond period of three years from the date of filing of appeal had become time-barred--­Petitions for leave to appeal were filed both by civil servants and the Government---Leave to appeal was granted to civil servants to consider whether finding of Service Tribunal that ,civil servants were only entitled to three years' arrears of pay from the date they filed their respective appeals before Service Tribunal, was justified and whether their claim beyond period of three years could not be recovered for having become tune-barred--­Leave to appeal was also granted to Government to consider whether civil servants could not claim salary against higher post on account of being not qualified to hold that higher post for lack of requisite qualifications. (b) North-West Frontier Province Civil Servants Act (XVIII of 1973)--- ----S. 17---Civil servant's claim to salary of higher posts for having worked against those posts for number of years---Entitlement---Service Tribunal having found that civil servants were entitled to draw minimum salary of higher post from date of their appointment could not reject part of claim of their salary on ground that they were only entitled to recover salary for past three years from the date they filed appeals before Service Tribunal--­Question regarding payment of salary of higher post was being agitated by civil servants from the dates of their appointments first before Departmental Authority and thereafter, before Service Tribunal, therefore, civil servants claim for salary for the period they worked against higher post, could not be deemed to have become time-barred---Civil servants were, thus, entitled to arrears of salary for the entire period they had worked against higher post on basis of minimum pay…

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