Law:

Section:

(a) Constitution of Pakistan (1973)-----Art.212(3)---Civil Servants Act (LXXI of 1973), S.17---Leave to appeal was granted to consider whether after holding the civil servant entitled to presumptive pay including the increments of the post as also to arrears thereof, could be denied the benefits beyond the period of three years preceding the date of institution of appeal. (b) North-West Frontier Province Ad Hoc Civil Servants (Regularization of Services) Act (II of 1987)--S.3---Ad hoc appointment---Regularizing appointment in higher grade--­Entitlement to minimum scale of pay of higher. post---Civil servant was offered the post of Junior Instructor against a vacant post of Senior Instructor---Civil servant accepted that post but was discharging higher responsibilities of the Senior Instructor---Contention by civil servant was that his service be regularised in the higher grade alongwith all the appurtenant benefits like the annual increments etc.---Service Tribunal found that the nature of duties performed by the civil servant was different from that of a Senior Instructor and declared him to be entitled to presumptive' pay inclusive of the increments for a period of only three years immediately preceding. the appeal before Service Tribunal---Validity---Civil servant was entitled to minimum scale of pay of the post of Senior Instructor with effect from the date of his appointment as Junior Instructor and posting against a vacant post of Senior Instructor but was not entitled to annual increments--­Service Tribunal had rightly found that post of Senior Instructor was within the purview of the Public Service Commission and the civil servant could not make the grade before the Commission, therefore, he was not a bona fide ad hoc appointee but was holding the post of Senior Instructor as stop gap arrangement. Islamic Republic of Pakistan through Secretary, Finance Division, Government of Pakistan, Islamabad v. Qazi Abdul Karim, Deputy Accountant-General, N.-W.F.P., Peshawar and another 1978 SCMR 289 and Federation of Pakistan v. Shahzada Shahpur Jan 1986 SCMR 991 ref. Abdul Qadir Khattak, Advocate Supreme Court and Abdul Hamid Qureshi, Advocate-on-Record (absent)…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492