Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 212(3) --- Emoluments attached to the post of higher grade on promotion --- Entitlement --- Civil servant on his own volition was not physically present in Pakistan --- Effect --- Leave to appeal was granted by Supreme Court to consider as to whether civil servant was entitled to the emoluments attached to the post from the date on which he resumed duty, or was that to be effective from the date on which the promotion was made effective. (b) Civil service--- ---- Emoluments of a post of higher grade on promotion of civil servant who was not physically present in the country --- Entitlement --- Requirements --- If a civil servant was not physically present in the country on account of his being on secondment abroad, he could not claim emoluments of a higher grade for the period during which he was not available in Pakistan as he was not in a position, on his own volition, to discharge the duties and functions of the said post. The entitlement of a civil servant to emoluments of a post of higher grade is founded on the assumption that he was ready and willing to perform duties and functions of that post, but was illegally denied the same. If a civil servant is not physically present in the country because of his being on secondment abroad, he cannot claim emoluments of a higher grade for the period during which he was not available in Pakistan, as he was not in a position, on his own volition, to discharge the duties and functions of the above post. In the present case, admittedly, the civil servant was sent on secondmerft on his own volition on 6-1-1987 and he returned to Pakistan and joined the department on 6-1-1990. In view of the matter, on no principle the civil servant could claim emoluments of BPS-18 for the period prior to 6-1-1990. Province of the Punjab through the Secretary, Services and General Administration, Lahore v. Syed Muhammad Ashraf 1973 SCMR 304; Syed Sultan Shah v. Government of Balochistan and another 1985 SCMR 1394; Mrs. Aqeela Asghar Ali and others v. Miss Khalida Khatoon Malik and others PLD 1991 SC 1118 and Federation of Pakistan v. M. SirJees Nagi 1996 SCMR 1334 ref. Hafiz Tariq Nasim,…

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