Case Details

Citation(s)
2008 SLG 2076 2008 SLD 2076 2008 PLC 326
Lahore High Court
Writ Petition No.2115 of 2006/BWP, decision dated: 23rd April, 2007.
MUHAMMAD KHALID ALVI, J

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ABDUL RAOOF

VS

TEHSIL MUNICIPAL ADMINISTRATION, HASILPUR through Tehsil Nazim and others ABDUL RAOOF vs TEHSIL MUNICIPAL ADMINISTRATION, HASILPUR through Tehsil Nazim and others

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Civil Service---Entitlement to get pay according to promoted post---Petitioner who was appointed as Naib Qasid, subsequently was promoted as Junior Clerk in BPS-5 and entry in that respect was also made in his service book---Petitioner performed his new duty continuously, but his pay was being disbursed to him in BPS-1---Grievance of petitioner had not been redressed despite repeated requests---Validity---Counsel for authorities had conceded that petitioner was promoted and since his promotion he was performing his duty as Junior Clerk in BPS-5, but his pay was being disbursed in accordance with BPS-1 on account of various queries---Director, Local Funds Audit, had stated in the court that alleged queries had been clarified and that he had no objection to the payment of the salary to the petitioner in BPS-5 from the date of his promotion---Counsel for authorities stated that in view of statement of Director, Local Funds Audit they were ready to withdraw their earlier order---Allowing constitutional petition, authorities were directed to pay salary to the petitioner in BPS-5 from date of his promotion. Shamshir Iqbal Chughtai for Petitioner. Shezhad Hussain Sheikh for Respondents. Abdul Khaliq Khan Saidozai, A.A.-G. Tariq Ismail Director, Local Funds Audit. Farooq Ahmad, R.A.O. Hasilpur. ORDER MUHAMMAD KHALID ALVI, J.--- Petitioner was appointed as Naib Qasid in the office of T.M.A. on 4-10-1993. On 30-9-2004 he was promoted as Junior Clerk in BPS-5 and the entry was also made in his service book. He performed his new duty continuously up-to-date but the pay being…
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