Case Details

Citation(s)
1997 SLG 593 1997 SLD 593 1997 PLC 102
Federal Service Tribunal, Islamabad
Appeal No. 8(R) of 1996, decision dated: 22-05-1996
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, MUHAMMAD ISMAIL, AFTAB AHMAD AND ROSHAN ALI MANGI, MEMBERS

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MUHAMMAD SADIQ

VS

SECRETARY TO THE GOVERNMENT OF PAKISTAN M/O FINANCE AND ECONOMIC AFFAIRS, (E&D), ISLAMABAD

Law:

Section:

Fundamental RulesF.R: 17Antedated pro forma promotionBack benefits Entitlement­Civil servant was granted pro forma promotion long after his retirement and as a result of such promotion civil servant was allowed benefit of re-fixation of pay simply for purpose of recalculation of pension, but arrears on account of antedated promotion were denied to himOne of cocivil servants who in similar circumstances was granted antedated promotion, was allowed arrears of pay for antedated promotion, but civil servant was denied such benefit without disclosing any reasons for such denial despite he was entitled to such benefitsEven otherwise after amendment in F.R. 17 of Fundamental ,Rules, civil servant had become entitled to payment of arrears for antedated promotion. Appellant in person Javed Aziz Sandhu, Standing Counsel for Respondents alongwith Abdul Majeed, Section Officer and M. Ikram, AEA, M/O Finance. Date of hearing: 13th April, 1996 JUDGMENT AFTAB AHMAD (MEMBER).-The appellant Muhammad Sadiq retired from Government service in 1985 on superannuation. Much after his retirement in November, 1995 Office Order No. 230/95 was issued by his parent Department of Economic Affairs Division antedating his promotion as Assistant Incharge from 17121976 to 981973 and that of Superintendent from 1791984 to 17121976. As a result of this antedation, the pay of the official was re-fixed and the benefit of re-fixation was also allowed for the purpose of recalculation of pension. In para. 4 of office order, however, it was mentioned that no arrears on account of antedated seniority/promotion is permissible to the official. This gave the appellant cause of action and after exhausting the departmental remedy, he has filed the present appeal before the Tribunal requesting for grant of back benefits for the period. of his pro forma promotion as Assistant Incharge and Superintendent. 2. The appellant arguing the case himself reiterated his pleadings and added that one of his colleague Mr. Bashir Ahmad who in similar circumstances had been granted antedated promotion, was directed to pay consequential arrears by the Tribunal as per its judgment dated 17121986. 3. The case of the department…
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