Law:

Section:

Civil service-------Annual increment---Entitlement---Service Tribunal in its decision proposed grant of one annual increment to civil servant on completion of at least six months' service in the year of his retirement---Effect of said decision was from calendar year 1998---Decision being prospective and not retrospective, civil servant, who had retired prior to said year, would not be entitled to proposed increment. Appellant in person. Miss Shaista Altaf for Pakistan Railways alongwith Mushtaq Ahmed, UDC, D.R. JUDGMENT MUHAMMAD AYUB KHAN, MEMBER, --The appellant present in person has been heard and record perused. 2. This Tribunal in its judgment dated 28-12-1998 in Appeal No.275 (R) of 1998 (Muhammad Yousaf v. Divisional Superintendent, Pakistan Railways, Rawalpindi,) proposed grant of one annual increment on completion of at least six months' service in the year of his retirement which 4 proposal was readily accepted by the Government of Pakistan, Finance Division, Regulation Wing, by insertion of the relevant provisions in its Division's Circular No.1(2)-NG-Imp./71, dated 8-3-1992 vide OM, dated 8-9-1999. The relevant extracts are reproduced herein:-- "The annual increment in the Basic Scale of Pay will accrue only on 1st day of the month of December following the completion of at least six months of such service at the relevant stage in that scale as counts for increment under the ordinary rules; provided that: (a) a retiring Civil Servant shall be entitled to the usual annual increment for the purpose of calculation of his pension once, on completion of six months' service in the year of his retirement, irrespective of due date of 1st December following the completion of six months; (b) the rules regarding withholding of increments and crossing of Efficiency Bars shall not be affected by this decision 2. In view of the Federal Service Tribunal (FST's) judgment to Appeal No.275(R) of 1998 (Mr. Muhammad Yousaf v. Divisional Superintendent of Pakistan Railways) the above amendment shall be effective from the calendar year 1998. " 3. From the above it is evident that the effect of the said decision of this Tribunal is from the calendar year 1998 but due to…

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