2007 PLP (C (PLC(CS))

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 been accepted by the learned Federal Service Tribunal with the direction that the respondent is entitled to continuation of advance increments after he was re-employed on regular basis in F-6 Rebuild Factory, Kamra.

2. Precisely stated the facts of the case as enumerated in the judgment impugned are to the effect that "the appellant was appointed as Assistant Foreman Radar Fitter (B-14) in F-6 Rebuild Factory, PAC, Kamra vide respondent's order, dated 29-9-1993. The said appointment letter contained conditions, amongst others, that he will be governed by Civil Servant Act, 1973, Civil Servant (Appointment, Promotion and Transfer) Rules, 1973, Government Servant (Conduct) Rules, 1964 and Government Servants (E&D) Rules, 1973. On his appointment, appellant who had higher qualifications of F.Sc. and B.A. was granted two advance increments with effect from 1993 vide respondent's order, dated 16-4-1996. These advance increments allowed to the appellant were suddenly stopped by the respondent vide Organization's letter dated 8-7-1996. Appellant preferred his Departmental Appeal on 8-4-1997 which was rejected vide respondent's letter dated 21-9-2000". Being aggrieved an appeal was preferred before the learned Federal Service 'Tribunal which has been accepted vide judgment impugned, hence this petition.

3. We have heard the learned Deputy Attorney-General on behalf of Chairman PAC Board Kamra, learned Advocate Supreme Court for caveater, scanned the entire record and perused the judgment impugned. We are inclined to grant leave on the following points: (i) Whether duplicate benefit of advance increments can be availed twice i.e. once in the service of PAF and subsequent service as Assistant Foreman Radar Fitter (B-14) in F-6 Rebuild Factory, PAC, Kamra. (ii) Whether the merger of two advance increments granted to respondent in his substantive pay and pension would make him further entitle to obtain two advance increments again from PAC Kamra. (iii) Whether the instructions as contained in Establishment Division O.M. No.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.F4(7)-Reg.4/72, dated 1-1-1973, O.M. No.F4(11)-Reg.7/72, dated 11-1-1973 and G.M. No.F6(6-R.3)84/615, dated 1-8-1984 should have considered by the learned Federal Service Tribunal while deciding the controversy. (iv) Whether the respondent pursuant to his appointment letter, dated 29-9-1993 will be governed by the Government Servants (Conduct) Rules, 1964, Government Servants (Efficiency and Discipline) Rules, 1973 and other Government orders/ instructions as mentioned hereinabove and the directions issued by the Managing Director PAC, Kamra. (v) Whether the principle of locus poenitentiae can be pressed into service in view of the dictum as laid down in case Chairman Selection Committee v. Wasif Zamir Ahmad 1997 SCMR 15 and Chairman Minimum Wage Board v. Fayyaz Khan Khattak 1999 SCMR 1004. (vi) What should be the impact of relevant extract of the Finance Division O.M. No.F.4(7) Reg.7/92, dated 1-1-1973 which is reproduced hereinbelow for ready reference:-- "The pay of the retired Military personnel re-employed in civil posts may also be fixed in accordance with the above principles. In their case substantive pay shall also include the Following elements provided that they were drawn before retirement/ release/leave pending retirement for a continuous period of 3 years or more: (a) Command/Staff/Charge Pay. (b) Instructional Pay. (c) Qualification Pay. (d) Disturbance Pay." in case of the respondent who was re-employed on 29-9-1993 in PAC Kamra (vii) What should be the impact of letter No.F-6 RF/3113/1/PC (P/C) dated 21-9-2000. The appeal, arising out of this petition, be fixed within six weeks after having the approval of his Lordship the Honourable Chief Justice and meanwhile the operation of impugned judgment shall remain suspended. M.H./C-46/SC Leave granted.