Case Details

Citation(s)
1993 SLG 1508 1993 SLD 1508 1993 PLC 792
Service Tribunal, Sindh
Appeal No. 30 of 1992, decided on 8th October, 1992.
MUNAWAR ALI KHAN, CHAIRMAN, GHULAM MUJADID ISRAN AND A. RASHID KHAN SHERWANI, MEMBERS

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ABDUL KHALIQ

VS

KARACHI and another

Law:

Section:

Sindh Service Tribunals Act (XV of 1973)--- ----S. 4---Notification No. S.O. (E-V)-V-11 /82 (ES), dated 26th March, 1987--­Withdrawal of enhanced Grade awarded to Oriental Teachers---Effect Oriental Teachers in BPS-8 were allowed initially BPS-14 and later of' BPS-1.5---Grade 14/15 so awarded was withdrawn subsequently on the ground that the teacher did not possess the qualifications as prescribed by Government for award of BPS-14 to Oriental Teachers---Effect---Qualifications specified in the Notification dated 26-3-1987, would apply in the case of teachers and such teachers lacking requisite qualifications were not entitled to award of BPS-14/15---Withdrawal of enhanced Grade, thus, could not be objected to--Government would not suffer financial loss caused by default of its officers and staff resulting from overpayments made to civil servants on account of higher pay scales---Teacher should not be made to bear the brunt for the fault not committed by him although he had been enjoying financial benefits of the higher scale not due to him for several years---With implementation of impugned order teacher's salary would on the one hand, drop steeply from BPS-15 to BPS-9 and on the other hand he would be required to refund the whole amount of overpayment; which would be a very heavy load for him and his family to bear, almost shattering the domestic economy and plunging him in untold financial difficulties---Impugned order was, thus, sustained only to the extent that higher pay scale of BPS-15 awarded to civil servant from the date of that order would stand withdrawn and civil servant would revert to his previous pay scale, he was enjoying before the award of said higher scale---Amount due to overpayment made to civil servant, however, would not be recovered from him, instead departmental authorities would fix the responsibility for the default made in this behalf and recover the amount or overpayment from the officers/staff found responsible for the same. Khadim Hussain for Appellant. Habibur Rasheed for Respondents. Date of hearing: 8th October, 1992. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).----This appeal arose from the facts which may briefly be narrated as…
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