Law:

Section:

(a) Pakistan Railways Personnel Manual--Para. (H)---Constitution of Pakistan (1973), Art.212(3)---Claim of premature increment on the basis of up gradation of posts from BPS-8 to BPS-11---Validity---Leave to appeal was granted by Supreme Court to consider whether in view of the of Supreme Court in cases of Pakistan Railways v. Shaukat Ali Hamdandi and others 1996 PLC 595 and Hameed Akhtar Niazi v. Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185 the Pakistan Railways was justified to reject the employees' claim for one premature increment. Pakistan Railways v. Shaukat Ali Hamdani 1996 PLC 595 and Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185 ref. (b) Pakistan Railways Personnel Manual--- ---- Para. (H)---Claim of premature increment on the basis of up gradation of posts from BPS 8 to BPS I1---Validity---Premature increment was payable in cases of promotion from a lower to a higher post under para.(H) of tote Pakistan Railways Personnel Manual---Where the post was upgraded for all the incumbents, same could not be treated as "promotion" in terms of para.(H) of the Manual---Claim of premature increment in circumstances was therefore, not justified. Pakistan Railways v. Shaukat Ali Hamdani 1996 PLC 595; Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185 and Government of the Punjab through Secretary, Services Punjab, Lahore v. Muhammad Awais Shahid 1991 SCMR 696 ref. Pakistan Railways v. Labour Appellate Tribunal and others C.A No.849 of 1990 and Pakistan Railway v. Authority under the Payment of Wages Act, N.-W.F.P. and others C.A.No.850 of 1990 applied. Muhammad Ashraf, Appellant (in I.C.A. 1945 of 1998 for himself and on behalf of other Appellants). M. Aslarn Sandhu, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Respondent No.2. Date of hearing: 4th March, 1999. JUDGMENT AJMAL MIAN, C.J.---By this common judgment, we intend to dispose of the above 52 appeals which have been filed with the leave of this Court against the judgment, dated 5-6-1998 of the Federal Service Tribunal…

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