| Citation(s) |
|---|
| 2004 SLG 1561 2004 SLD 1561 2004 PLC 658 |
Supreme Court of Pakistan
Civil Petition No. 2390-L of 2001, decision dated: 20-01-2003. (On appeal from the judgment, dated 31-5-2001 passed by the Public Service Tribunal, Lahore, in Appeal No. 1106 of 1999).
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
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Civil Petition No. 2390-L of 2001, decision dated: 20-01-2003. (On appeal from the judgment, dated 31-5-2001 passed by the Public Service Tribunal, Lahore, in Appeal No. 1106 of 1999).
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
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RIAZ AHMAD
VS
GOVERNMENT OF PUNJAB and others
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)---------S. 4---General Clauses Act (X of 1897), S. 20---Constitution of Pakistan (1973), Art. 212(3)---Appeal---Teachers in Institute of the Blinds---Enhancement of pay scale of teachers by placing them in BS-14 as against existing BS-10 through Notification, dated 1-4-1986 of Finance Department subject to stoppage of existing special pay at the rate of 10% of substantive pay---Civil servant as per revised pay scale continued to draw his salary---Appeal of civil servant in year 1999 against such stoppage of special pay and for grant of selection grade was dismissed by Service Tribunal---Validity,---Civil servant had not impleaded Finance Department as party to the proceedings---Civil servant could not be permitted at the time of superannuation to contend that he was entitled to emoluments of BS-14 and was not subject to any, such condition---Civil servant, in absence of any rules or instructions of Government entitling him to grant of selection grade, could not take benefit of service rules applicable to different classes of Government servants---Appeal against Notification, dated 1-4-1986 filed in year 1949 had rightly been dismissed by Tribunal as being time-barred---Supreme Court dismissed petition in circumstances. Pakistan, through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 and Chairman; Selection Committee/Principal, King Edward Medical College, Lahore and 2 others 1997 SCMR 15 distinguished. Petitioner to person. Nemo for Respondents. Date of hearing: 20th January, 2003. ORDER FAQIR MUHAMMAD KHOKHAR, J---This petition is directed against judgment. dated 31-5-2000 passed by the Punjab Service Tribunal; Lahore (hereinafter referred to as the Tribunal) in Service Appeal No. 1106 of 1999: - 2. The petitioner was a Mobility Instructor in the Sunrise Institute of the Blinds Ravi Road, Lahore. The Government of the Punjab accorded sanction to the grant of special pay at the rate of 10% of the pay, to the teachers working in the Government Institutions for the handicapped children. The petitioner was accordingly allowed benefit of special pay of 10% of his pay by order, dated…
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