Law:

Section:

Constitution of Pakistan (1973)--Art.212(3)---ESTACODE, 1989 Edn., Chap.VI, Sr. Nos. 63 to 69--­Grant of additional charge---Civil servant was given an additional charge of the post of Commercial Secretary, High Commission of Pakistan---Grant of additional charge was turned down by the Establishment Division being not tenable---Appeal of civil servant before Service Tribunal was dismissed on the ground that civil servant did not lay any claim to his eligibility as also qualification for promotion as Commercial Secretary but a compensation of 10% of the pay of his own post for performing the additional duty was allowed---Validity---Such was the adequate compensation for the same--­Substantial justice having been done in the case, Supreme Court declined to substitute its decision for that of the Service Tribunal---Leave to appeal was refused. Subha Sadiq v. Secretary to Government of Punjab 1984 PLC (C.S.) 718; Syed Imtiaz Ali Naqvi v. Managing Director (P.), WAPDA 1984 PLC (C.S.) 1606 and Federation of Pakistan v. Shezada Shah Pur Jan 1986 SCMR 991 distinguished. Hafiz S.A. Rehman, Senior Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Petitioner. Mian Tariq Mahmood, Advocate Supreme Court for Respondents. Date of hearing: 8th December, 1997. ORDER CH. MUHAMMAD ARIF, J.---This petition under clause (3) of Article 212 of the Constitution of the Islamic Republic of Pakistan is directed against the decision of petitioner's appeal by the Federal Service Tribunal, Islamabad in. the following terms:-- "6. In these circumstances, we are of the view that 10% of the pay of his own post would be an adequate compensation for the appellant. Therefore, we direct the respondents to pay the appellant an ,allowance at reduced terms equal to 10 % of the pay of his own post for performing the duties of Commercial Secretary, for the above­mentioned period.------." 2. Briefly stated the facts leading to this petition are that the petitioner was working as Third Secretary in the Embassy of Pakistan, Nairobi. He claims to have held the portfolio of Commercial Secretary from May, 1991 to July, 1994 as the then Commercial Secretary was prematurely transferred from there.…

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