Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Art. 212 (3)---Advance increments, grant of---Principles---Civil servant after his retirement from Pakistan Air Force was re-employed---Authorities declined two advance increments to the civil servant---Service Tribunal allowed the appeal of civil servant and directed the authorities that the civil servant was entitled to continuation of advance increments after he was re­employed---Validity---Leave to appeal was granted by Supreme Court to consider; whether duplicate benefit of advance increments could be availed twice i.e. in the former service and subsequent service; whether merger of two advance increments granted to civil servant in his substantive pay and pension would make him further entitled to obtain two advance increments again from his subsequent employment; whether instructions as contained in Establishment Division O.M. 10/52/95/R-2, dated 18-7-1996, Finance Division (Reg. Wing) O.M. No.F-5(4)R-3/96, dated 16-4-1996, Finance Division O.M. No.F-4(7)Reg.4/72, dated 1-1-1973, O.M. No.F-4(11)Reg.7/72, dated 11-1-1973 and O.M. No.F-6 (6-R.3)84/615, dated 1.8.1984, should have been considered by Service Tribunal while deciding the controversy; whether civil servant pursuant to his appointment letter, would be governed by Government Servants (Conduct) Rules, 1964, Government Servants (Efficiency and Discipline) Rules, 1973 and other Government orders / instructions; whether principle of locus poenitentiae could be pressed into service in view of the dictum laid down by Supreme Court in its various s; and what would be the impact of Finance Division O.M. No.F-4(7)Reg.4/92, dated 1-1-1973. Chairman Selection Committee v. Wasif Zamir Ahmad 1997SCMR 15 and Chairman Minimum Wage Board v. Fayyaz Khan Khattak 1999 SCMR 1004 ref. Raja Muhammad Irshad, D.A.-G. and Ch. Muhammad Akram, Advocate-on-Record for Petitioners. Ch. Afrasiab Khan, Advocate Supreme Court for Respondent. Date of hearing: 23rd September, 2005. JUDGMENT JAVED IQBAL, J.---This petition for leave to appeal is directed against the judgment, dated 11-9-2003 whereby the appeal preferred on behalf of respondent has…

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