Law:

Section:

Sindh Civil Servants Act (XIV of 1973)--- ----S.18---Sindh Civil Service Rules, Rr. 41 and 42---Pay---Consequent upon transfer of administrative control of Prosecution Agency from Police Department to the Law Department, pay of appellant, in scale carried by new post with changed designation was fixed at Rs.1,450. plus Rs.50 as personal pay in upgraded grade (B.P.S. 16) in place of B.S. 14 carried by his previous post---Appellant praying that his pay in Basic Scale No.16 (1,050-80-2,280) should have been fixed at Rs.1,530 instead of Rs.1,450 plus Rs.50 as personal pay---Nothing was available on record to show that appellant had opted for old scale (B.S. 14) until accrual of any subsequent increment in said scale in terms of clause (a) of R. 44 of Sindh Civil Services Rules---Held, in absence of such option on his part, his pay had to be fixed under cl.(c) of R. 44---Appellant's pay was accordingly fixed by allowing him Rs.1,450 plus Rs.50 as personal pay which was difference between his existing pay i.e. Rs. 1,500 and pay of next below stage (Rs.1,450)--­Appellant's appeal was also badly time-barred as he kept pursuing the wrong path---Appeal was dismissed on merits as well as on ground of limitation. Date of hearing: 21st August, 1989. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).---By Notification No.SORI(S&GAD)3/4-85. dated 16th July 1985. Government of Sindh in the S&GAD transferred the administrative control of the Prosecution Agency from Police Department to the Law Department, with immediate effect in respect of Karachi Division, and w.e.f. 1st July 1986 in respect of other Divisions. In pursuance of the above Notification, the said Department issued another Notification No.SOR­I(S&GAD)3/4/85. dated 3-2-1986 whereby the officers belonging to- the Prosecution Agency of Karachi Division specified in the Notification including the appellant, Mr. Noor Muhammad, were transferred from Police Department to the Solicitor's Department under the administrative control of the Law Department with changed designation, as Deputy District Attorneys and Assistant Attorneys in their own pay and scale. Following their transfer as notified above, the Law Department, by…

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