Case Details

Citation(s)
1998 SLG 994 1998 SLD 994 1998 PLC 921
Supreme Court of Pakistan

AJMAL MIAN AND FAZAL ILAHI KHAN, JJ

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Dr. MUHAMMAD ASHRAF

VS

FINANCE DIVISION, GOVERNMENT OF PAKISTAN, ISLAMABAD

Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 17---Constitution of Pakistan (1973), Art. 212(3)---Civil servant Entitlement to advance increments---Civil servant in his earlier assignment was allowed four advance increments for having degree in M. Phil. and two advance increments on basis of his past experience---Civil servant, thereafter; joined Education Department wherein he was allowed four increments for his M. Phil. degree but benefit of two advance increments for past experience was denied to him---Validity---Civil servant could not point out any rule or instruction under which he could claim two advance increments as a matter of right on account of his past experience---In absence of any rule or instruction, it was within discretion of respondent Authority to allow such advance increments to him ---Factum that civil servant had applied through proper channel for subsequent post had no nexus with the question whether civil servant was entitled to have two advance increments on account of his 13past experience---Civil servant's fresh employment in different establishment would entitle him to claim salary and other benefits which were attached to such post---Leave to appeal was refused in circumstances. Petitioner in person. Nemo for Respondent. Date of hearing: 8th November, 1995. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 21-5-1995 of the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, passed in Appeal No. 83(R) of 1995 filed by the petitioner against the refusal of the respondent to grant two advance increments on account of his past experience and performance. dismissing the same. 2. The brief facts are that the petitioner joined as Scientific Officer (BPS-17) in the Pakistan Agricultural Research Council, hereinafter referred to as the P.A.R.C. He was allowed four advance increments for having degree in M. Phil. and two advance increments on the basis of his past experience. The petitioner, in response to an advertisement of the Ministry of Education for some posts of Lecturers, successfully applied for the above post and joined as a Lecturer in F.G. College, H-9, Islamabad, with…
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