| Citation(s) |
|---|
| 1995 SLG 387 1995 SLD 387 1995 SCMR 1549 |
Supreme Court of Pakistan
Civil Appeals No. 320 and 386 of 1993, decided on 7th June, 1995.
KHAN, JEHANGIRI, JJ
Shah Abdul Rashid, Advocate Supreme Court for Appellant. Sh. Riazul Haque, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate on Record for
Respondents.
Civil Appeals No. 320 and 386 of 1993, decided on 7th June, 1995.
KHAN, JEHANGIRI, JJ
Shah Abdul Rashid, Advocate Supreme Court for Appellant. Sh. Riazul Haque, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate on Record for
Respondents.
MUHAMMAD RAFIQUE and anothers--Appellant
VS
MANAGING DIRECTOR (WAPDA) and another --Respondents
Law: Constitution of Pakistan, 1973
Section: 212(3),212
(a) Constitution of Pakistan (1973) Am 212(3) Government’s policy of move over was extended to employees of statutory bodies including WAPDA with effect from specified date ¬Employees of WAPDA who were non graduate diploma holder junior engineers having reached maximum of B.P.S. 18, had become due for move¬over to B.P.S. 19 Non consideration of employees’ move over by the Department Effect Leave to appeal was granted to consider’ whether up-gradation of post held by employees from B.P.S. 17 to B.P.S. 18 could be equated with their promotion and ‘whether on reaching the maximum of B.P.S.18, employees had become entitled to move over to the next higher pay scale. Government of Punjab v. Muhammad Awais Shahid 1991 SCMR 696; (O.M. Establishment Manual, Chap. XX, Vol. VII); Fazal Elahi v. Director ¬General, Pakistan Meteorological Department and other 1993 PLC (C.S.) 411 and Amanat Ali v. Syed Panah Ali Shah and another PLD 1973 Lah. 332 ref. (b) Constitution of Pakistan (1973) Art. 212 Move over Government’s policy of move over was extended to employees of statutory bodies including WAPDA Employees of WAPDA who were non graduate diploma holder junior engineers having, reached maximum of B.P.S. 18 were not considered for move over to B.P.S. 19 -Validity Up-gradation of employees’ posts from B.P.S. 17 to B.P.S. 18 would tantamount to their move over Question of move over of employees, however, would only depend upon his reaching the maximum of a particular pay scale Conditions required to be fulfilled by employee before he becomes eligible for move over, do not indicate any direct nexus between his eligibility for the move over and functions performed or powers exercised by him Only object behind such policy was to extend next higher pay scale to a person on his reaching the highest scale in his existing pay scale Question whether such person was promoted on regular basis or not or whether his up-gradation was not in a regular course of things but by way of concession allowed to him would be of little consequence Employees having been allowed B.P.S. 18 in peculiar circumstances, such fact neither brought their status at par with that of…
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