Law:

Section:

(a) Civil service-- ---Notification---Normally a notification takes effect prospectively i.e., from the date it was issued---Where, however, notification, whereby monetary benefit was allowed to a civil servant from the date it legally accrued to him, was delayed or was not issued at the time of accrual of such benefit, same could be given with retrospective effect for the reason that civil servant could not be made to suffer for the lethargy or delay made on the part of departmental authorities. (b) West Pakistan General Clauses Act (V1 of 1956)-- ---S.20---Locus poenitentiae, rule of---Authority issuing the notification has power to amend or vary the same till a decisive step had been taken. Pakistan v. Muhammad Nimayatullah Farukhi P L D 1969 S C 407 ref. (c) Civil service- --- Notification No. S.O.(E-V)6-40/84, dated 14-1-1987---Refixation of pay---Civil servant was allowed higher scale with effect from 15-12-1973 because he acquired the requisite qualifications on that date---Notification of higher scale having been issued in strict compliance with Governments earlier notification of 1974, question of rectifying any wrong committed by issuance of civil servant's higher pay scale notification did not arise---Subsequent notification by which civil servant was deprived of arrears that became due to him was thus uncalled for, void and without any lawful authority---Civil servant could not be deprived of the arrears that became due to him as a result of refixation of his pay in the higher scale from that date under the notification dated 14-1-1987 whereby civil servant had been given higher pay scale with effect from 5-12-1973. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--As disclosed in the memo of appeal, the appellant's case is that following his appointment as College Librarian in 1955, he was allowed the consolidated scale of Rs.300-600, sanctioned for the Librarians working in Colleges/Higher Secondary Schools. In October, 1982 the Directorate of Education, Karachi was bifurcated into Directorate of School Education and Directorate of College Education and the appellant opted to serve in the latter Directorate. However, he was neither transferred to the…

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