Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 17---Constitution of Pakistan (1973), Art. 185(3)---Claim of arrears of pay ---Wafaqi Mohtasib directing Authority to pay civil servant his arrears of pay---Authority's Constitutional petition as also its Intra-Court Appeal against order of Wafaqi Mohtasib were dismissed---Validity---Impugned order appeared to be fair and proper on the face of record to meet ends of justice---Direction having been issued by High Court to Authority to pa3 arrears to civil servant, was fully warranted in law and facts of case---High Court through its impugned order had done substantial justice which did not at all call for interference---There being no substance in petition for leave to appeal, same was not maintainable---Leave to appeal was refused in circumstances. Ch. Muhammad Aslant Sandhu, Advocate Supreme Court, Mahmood-ul-Islam, Advocate-on-Record and Sh. Anwarul Haq, Deputy Attorney-General for Petitioner (in Civil Petition No. 954-L of 1997). Ch. Muhammad Aslam Sandhu and Ch. Shahid Saeed. Advocate Supreme Court with Mahmood-ul-Islam, Advocate-on-Record and Sh. Anwarul Haq, Deputy Attorney- General for Petitioner (in Civil Petition No 1045-L of 1997). Respondent No. l in person (in both the Petitions). Date of hearing: 26th November, 1997. ORDER RAJA AFRASIAB KHAN, J.----Muhammad Ala-ud-Din Babri, the` respondent No. l in both the petitions had been working as Ward keeper in the Pakistan Railways General Stores, Mughalpura, Lahore. He was not considered fit for his promotion by the concerned authority. However, on 23-7-1983 the petitioner the Pakistan Railways allowed pro forma promotion to the respondent for fixation of pay for pensionary benefits only on his undertaking dated 1-4-1979 that -he would not claim any arrears. Despite that, the respondent filed Writ Petition No.2138 of 1984 with a claim to receive arrears of his pay amounting to Rs.1,29,370 (rupees one lac twenty-nine thousand three hundred and seventy which had become due to him on account of his pro forma promotion. The writ petition was dismissed in limine on 28-1-1985 by the High Court. Intra-Court Appeal No.45 of 1985 was allowed on 30-10-1988 by issuing…

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