1984 PLP (C (PLC(CS))

Ch. Mushtaq Masood for Appellant. S. ABDUL JABBAR KHAN (CHAIRMAN).‑Mian Habibur Rehman, Addi tional District and Sessions Judge, Gujrat, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Government of the Punjab through the Chief Secretary to Government of the Punjab, Lahore, as respondent.

2. By virtue of this appeal, it has been prayed that respondent be directed that the appellant stands granted N. P. S. 18 with effect from 1st March, 1972, instead of 1st July, 1977, and to award monetary benefits of this period.

3. Brief facts of the case are that the appellant was promoted as Additional District and Sessions Judge, vide notification dated 30th June, 1977. He was promoted as Administrative Civil Judge on 1st March, 1972, and was designated as Senior Civil Judge vide notification dated 26th February, 1974. Similarly the appellant was promoted as Administrative Civil Judge/Senior Judge and was serving as such when during the year 1973, Government of the Punjab revised the pay scales and the Administrative Civil Judges/Senior Civil Judges were awarded National Pay Scale 18, from 1st March, 1972. However, the Government did not imple ment this notification as well as notification, dated 27th October, 1976, issued by the Lahore High Court, Lahore, by which the appellant was awarded National Pay Scale 18 from 1st March, 1972. In the year 19‑6, Government of the Punjab issued another notification by which 15% of the sanctioned strength of the Civil Judges was ordered to be given Grade 18 and in pursuance of this notification 15% of the Civil Judges had been given Grade 18 but the appellant had not been given Grade 18 from 1st March, 1972, but from 1st July, 1977, when he was promoted as Additional District Judge.

4. Similar matter came before us in appeals Nos. 208/1061/81, 409/ 1267/81, 2311479/82 and 24/1480/82, we dealt at length the issue involved which was identical in the main appeals and accepted the appeals of those appellants, agreeing with the Finance Department's U. O. No. 3‑34/81, dated 21st September, 1981, as well as relying on section 16 of the Punjab Civil Servants Act, 1974. In these appeals we declared that the said appellants would be entitled to Grade 18, for the period during which they held the post of Administrative/ Senior Civil Judge as notified in the High Courts notification, dated 27th October, 1976. We also reproduced the Finance Department's U. O. No. F.D.SRI‑3‑34/81, dated 21st September, 1981, addressed to the Under Secretary S‑IV, S&GAD. Government aggrieved against our judgment, went before the Supreme Court of Pakistan, to seek permission for grant of Leave to Appeal but the same has been dismissed by the Supreme Court of Pakistan. 1n this manner, the judgment in case of Sh. Muzaffar Hussain, etc., has become final and the Government is bound to accept the same.

5. We in view of our earlier judgment so given in the case of Sh. Muzaffar Hussain, etc., as mentioned in the earlier part of our judgment accept the appeal of the appellant and direct that the appellant be granted NPS‑18 from 1st March, 1972 and not from 1st July, 1977.

6. There will be no order as to costs. Judgment be communicated to the parties. A. E. Appeal accepted.