Law:

Section:

(a) North-West Frontier Province Civil Servants Act (XVIII of 1973)------S. 17---Constitution of Pakistan (1973), Art. 212(3)---Civil servant adjustment to one of upgraded posts despite lack of requisite qualification for that post---Reversion to original post---Service Tribunal found civil servant to be entitled to pecuniary benefits arising out of adjustment again: upgraded post during the period he had worked on that post ---Validity-­Leave to appeal was granted to examine whether annual increments in higher pay scale could be granted to civil servant on basis of decisions of Supreme Court reported as PLD 1978 SC 61 and 1986 SCMR 919. Federation of Pakistan v. Shahzada Shahpur Jan 1986 SCMR 919. and Postmaster General, Eastern Circle (E.P.), Dacca and another v. Muhammad Hashim PLD 1978 SC 61 rel. (b) North-West Frontier Province Civil Servants Act (XVIH of 1973)--- ----S. 17---Performance of functions on one of the upgraded posts, although civil servant lacked requisite qualifications for that post---Entitlement for grant of increments of higher/upgraded post---Civil servant being not qualified for higher post on which he was performing his duties, Competent Authority was empowered to allow reduced terms than presumptive pay to such incumbent---Entitlement of civil servant for grant of increments for upgraded/higher post was not established---Service Tribunal was not right in allowing increments to civil servant for service rendered by him in higher post for which he was admittedly not qualified---Civil servant, thus, had no vested right to claim annual increments in facts and circumstances of the case, pursuant to judgment earlier rendered by Service Tribunal---Civil servant had already been found entitled to pay of higher post for the period he had so functioned but was not entitled to benefits of increments of higher post---Order of Service Tribunal allowing increments to civil servant was set aside in circumstances. Fateh Muhammad, Advocate Supreme Court for Appellants. Muhammad Lateef, Advocate Supreme Court for Respondent. Date of hearing: 12th January, 1998. JUDGMENT IRSHAD HASAN KHAN, J.---This appeal, with the leave of the Court, is directed…

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