Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--S. 9---Constitution of Pakistan (1973), Art. 212(3)---Up-gradation/promotion from BPS-13 to - BPS-16 with effect from specified date through notification--­Cancellation of such notification subsequently---Validity----Civil servant on appointment to post in Grade-16, prima facie, became entitled to privilege formerly allowed to Class II Officers---Civil servant's grievance that he was being denied benefits which were at one time available to general body of Class II Officers did not appear to be without substance---Leave to appeal was granted to consider such contention of civil servant. ESTACODE, 1989 Edn., p. 995 ref. (b) Civil Servants Act (LXXI of 1973)----S. 9---Cancellation of earlier notification of promotion to BPS-16 ---Effect--­Court on basis of stand taken by Authority that civil servant had not been denied status of Class II Officer; that effect of corrigendum was simply to cancel earlier Gazette Notification for the reason that the same did not qualify being published in official Gazette; and that pay, allowances and pensions etc. of civil servant as also his seniority position had not been adversely affected, dismissed appeal with rider that civil servant would continue enjoying status of Class II Officer, as heretofore. ESTACODE, 1989 Edn., p. 995 ref. JUDGMENT CH. MUHAMMAD ARIF, J.---A brief resume of facts of this Service Appeal, arising out of the judgment of the Federal Service Tribunal dated 24-11-1992 conveyed to the appellant on 9-12-1992, is that appellant was working as Electronic Assistant in B-13 in the Meteorological Department. According to the appellant, he was promoted/upgraded from BPS-13 to BPS-16 from 31-5-1979 by respondent Secretary, Ministry of Defence vide DG-Met.S. No.E-2(37), dated 29-12-1985 pursuant to Finance Division (Regulation Wing) O.M. No.l(1)-NQ-lmp.ll/75-Dy. No.105/76, dated 19-12-1976. A Notification in that behalf was also published in the Gazette of Pakistan dated 19-8--1981. Respondent Director-General, Meteorological Services issued a corrigendum bearing No.E-16(260), dated 18-3-1991 whereby the earlier Notification dated 19-8-1981 mentioned above, was cancelled. As the…

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