Case Details

Citation(s)
1998 SLG 1518 1998 SLD 1518 1998 PLC 1009
Federal Service Tribunal, Islamabad
Appeal No. 54(L) of 1996, decision dated: 10-06-1996.
ROSHAN ALI MANGI AND NASIM SABIR SYED, MEMBERS

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SHAHID MASOOD NADEEM

VS

DEPUTY C.A., A.F., LAHORE CANTT and 3 others

Law:

Section:

Civil service------- Grant of enhanced pay scale---Reversion---Civil servant who initially was appointed in BPS-7, was later on placed in BPS-11 and was being paid enhanced pay and allowances in that scale since his placement---After about twelve years from such placement, Authority directed concerned department to make payment of pay and allowances to civil servant according to BPS-7 instead of BPS-11 and also to recover amount overpaid to him since he was placed in BPS-11---Order was given on ground that placement of civil servant in BPS-11 made by department concerned had not been approved by Finance Division---Some other civil servants who were allowed higher pay scale, were also reverted back to their original one, and amounts overpaid to them were also recovered from them on same ground that their placement in higher scale was not improved by Finance Division---Authority to upgrade posts was vested in Finance Division without whose approval no post could be upgraded---Prior approval of upgrading civil servant in BPS-11 having not been obtained and other civil servants having also been reverted due to such defect, order of reversion passed against civil servant, could not be interfered with. Sh. Abdul Qayyum for Appellant. Kh. Tariq Masud with Ghulam Hussain, DACAAF as D.R. Date of hearing: 10th June, 1996. JUDGMENT ROSHAN ALI MANGI (MEMBER).---The relevant facts of this appeal, for its disposal are, that, the appellant, Shahid Masood Nadeem was initially appointed as Draftsman (b) in BPS-7, and later on placed in BPS-11 with effect from 31-5-1983. Since then he was being paid pay and the allowances till 31-10-1995, when respondent No. 1 vide Memo. of 11/95 asked respondent No. 3 to, make payment of pay and allowances to the appellant in B-7 instead of B-I1 with effect from 31-5-1983 the date on which he was placed in (B-11) and recover a sum of Rs.62,555 overpaid to him for the period 31-5-1983 to 31-10-1995. This was done on the ground that the recruitment rules as contained in SRO-7(KE)86, dated 23-11-1986 and notified in the Gazette of Pakistan had not been approved by the Finance Division (Regulations). 2. Aggrieved by this, the appellant preferred…
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