Law:

Section:

Keywords: Office, Communication, Intimation, Limitation Period, Retirement, Order, Cause Of Action, Irrigation, Emoluments, Finance, Notice, Establishment, Notification, Costs, Chairman, Director, Impugned Order, Pension, Care, Certificate, Pension, Preparatory, Inter Alia, Compensation, Period, Fixation, Promotion, Appointing Authority, Copy, Departmental Appeal, Pensionary Benefits, Recognition, Leave, Appointment JUDGMENT JUSTICE (RTD) MUNAWAR ALI KHAN (CHAIRMAN): The appellant, Mirza Abdul Majid, started his service career as Clerk in the Sind Secretariat. He was holding the post of confirmed Assistant when, in the wake of establishment of One-Unit, he was transferred to non-Secretariat Organization However his right to Secretariat Pay-scales which were comparatively higher than the corresponding scales of the non-Secretariat Organization was protected. On his promotion as Superintendent on 21-5.1961, the appellant was allowed Secretariat Scale 350-20-450/25-600). Following the introduction of National Scales of pay in 1974, he was given NPS-16 (Secretariat Scale) though he was posted in the office of the Chief Engineer Irrigation where Superintendents' Scale of pay was Rs375-600. On 1.12.1975 he was allowed move-over to NPS-17 as per intimation conveyed to him by letter dated 8.4.1978 of Secretary Irrigation and Power Department. 2. On 15.10.1980, the appellant was appointed as Administrative officer, on his own pays and grade, with special pay as admissible under Finance Department's letter No: SR-1-11/16/78, dated 29.3.1978. After serving in that capacity for over one year he proceeded mi leave preparatory to retirement. He ultimately retired on 16.12.1982. Although he enjoyed the special pay until the last day of his service, he was denied the benefit of the same in computation of his person. Finance Department's decision to the above affect was conveyed to him by Secretary, Irrigation Department's letter dated 14.12.1988. He preferred departmental appeal to the Chief Secretary and after waiting for the statutory period for its decision the appellant challenged the impugned order in the present service appeal filed on 16.4.1989. 3. We heard with…

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