| Citation(s) |
|---|
| 1997 SLG 557 1997 SLD 557 1997 PLC 28 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 291 of 1995, decision dated: 6-11-(On appeal from the judgment dated 19-4-1995 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 488(R) of 1994).
AJMAL MIAN AND FAZAL ILAHI KHAN, JJ
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Civil Petition for Leave to Appeal No. 291 of 1995, decision dated: 6-11-(On appeal from the judgment dated 19-4-1995 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 488(R) of 1994).
AJMAL MIAN AND FAZAL ILAHI KHAN, JJ
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IKHTIAR AHMAD QURESHI
VS
GOVERNMENT OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and others
Law:
Section:
Punjab Civil Servants Act. (VIII of 1974)-S. 16Constitution of Pakistan (1973), Art. 212(3)PayClaim to higher pay while working against higher postService Tribunal rejected civil servant's claimValidityCivil .servant's contention was that finding recorded by Service Tribunal was contrary to judgment of Supreme Court in Sh. Amar Maftoon's case (1992 SCMR 1869) in which it had been declared that civil servant, who worked against post of higher grade and discharged functions of that post, was entitled to pay attached to that postLeave to appeal was granted to consider, whether view found favour with Service Tribunal was in consonance with law enunciated by Supreme Court in 1992 SCMR 1869. Sh. Amar Maftoon v. Government of the Punjab through Secretary, Education and another 1992 SCMR 1869 rel. Manzoor Ellahi Qureshi, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 6th November, 1995. ORDER AJMAL MIAN, J.This is a petition for leave to appeal against the judgment dated 1941995 of the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, passed in Appeal No. 488(R) of 1994, filed by the petitioner claiming the pay as Kanungo while he was acting as such during the period commencing from 17121989 to June, 1995, declining the same for the following reasons: "A bare reading of the abovereferred office order would show that it was only a "Posting/Transfer" order and not a "Production/Appointment/Order. By thisβ¦
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