Law:

Section:

(a) Constitution of Pakistan (1973)-------Art.212(3)---Service Tribunals Act (LXX of 1973), S.4---Leave to appeal was granted to consider contentions that the of Service Tribunal proceeded on premises which were factually incorrect; that Governor of the Province had declined to accept the claim of the employees and that of Punjab Service Tribunal was misdirected. (b) Service Tribunals Act (LXX of 1973)--S. 4---Civil Servants Act (LXXI of 1973), S. 9---West Pakistan (Gazetted) Civil Services (Pay Revision) Rules, 1964---Selection grade, grant of---Entitlement of civil servant to the grant of selection grade with effect from 13-5-1966 was rightly resolved by the Service Tribunal to enure to his benefit from that date to 1-3-1972 when in absence of continuation of Selection Grade, the case of the civil servant would qualify to be equated with the comparable National Pay Scale---Civil servant had received the arrears of his salary etc. in implementation of the under appeal and was retired from service as far back as on 31-10-1973---Held, civil servant should not be harassed by the Department in the matter of enjoyment of retirement---Appeal was dismissed. (c) Civil Servants Act (LXXI of 1973)---- ----S. 9---Promotion---Eligibility of a civil servant to be promoted is different from one of his fitness for such advancement in his service career. Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539 ref. M. Zaman Bhatti, Advocate Supreme Court and Rao Muhammad Yusuf Khan, Advocate-on-Record (absent) for Appellants. Afzal Ahmad, Advocate Supreme Court and Ejaz Ahmed Khan, Advocate-on-Record (absent) for Respondent. Date of hearing: 17th June, 1998. JUDGMENT CH. MUHAMMAD ARIF, J.---Respondent Capt. (Retd.) Muhammad Ashfaq was not granted selection grade of Rs.2000--100--2200, provided in the West Pakistan (Gazetted) Civil Services (Pay Revision) Rules, 1964 for 15 % posts on the cadre of Director, Animal Husbandry (Regional) with effect from 13-5-1966 i.e. when one such post was vacated by its incumbent namely, Mr. S.D. Ahmad on 12-5-1966. His claim revolved around recommendations made by the then West Pakistan Public Service Commission for the grant of…

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