Case Details

Citation(s)
1998 SLG 689 1998 SLD 689 1998 SCMR 1253
Supreme Court of Pakistan
Civil Petitions Nos. 105-P, 106-P, 107-P and 108-P of 1995, and Civil Appeals Nos. 1170 to 1173 of 1995, decision dated: 15-11-1995
RAJA AFRASIAB KHAN, MUKHTAR AHMED, JUNEJO AND MUHAMMAD BASHIR, JEHANGIRI, JJ

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PROVINCE OF N.-W.F.P. through Chief Secretary, Peshawar and 3 others

VS

MOMIN KHAN and others

Law:

Section:

North-West Frontier Province Civil Servant Act (XVIH of 1973)--S. 17---Constitution of Pakistan (1973), Art. 212(3)---Employees seeking advance increments on basis of having acquired higher educational qualifications---Government claimed that advance increments could be granted only if employees acquired/possessed such higher qualifications in relevant field in which they worked---Service Tribunal accepting employee's pleas ordered payment of advance increment to employees who had improved their qualification in any field---Validity---Leave to appeal was granted to consider whether Government letter of specified date gave any vested right to employees to claim advance increments on possessing/acquiring higher educational qualifications in any faculty; whether Government was competent to withdraw grant of advance increments provided in its letter of specified date on the ground that employees did not possess or acquire higher qualifications in their respective fields; and whether Government's letter of specified date was covered by any statutory provision of law. Date of hearing: 13th November, 1995. ORDER MUKHTAR AHMED JUNEJO, J. ---Petitioners Province of N.W.F.P., and others have filed Civil Petitions Nos. 105-P of 1995, 106-P of 1995, 107-P of 1995 and 108-P of 1995 for leave to appeal against the judgments delivered by the N.W.F.P. Service Tribunal, Peshawar (hereinafter mentioned as the Tribunal) in service Appeals Nos.258 of 1994, 161 of 1994, 166 of 1994 and 218 of 1994 filed by respondents Momin Khan and others, Qaasim Khan and others, Abdul Pauf Niazi and others, and Imtiaz Ahmed and others respectively. All these petitions are being decided by this order. The respondents in all these petitions are Instructors in BPS-14 in the Technical Training Centres N.W.F.P. Respondents in Petition No.105-P of 1995 are Instructors in Government Technical Training Centre, Mingora, Swat while respondents in Petition No.107-P of 1995 are in such Centres in Dera Ismail Khan. Under Government of N.W.F.P. Letter No.F.D.(P.R.C.)1-1/87-VIII, dated 22-7-1987 revision of Basic Pay Scales and Allowances of Civil Employees of the Provincial Government of N.-W.F.P. was…
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