1981 PLP 910 (PLC(CS))
ALI MUHAMMAD SHEIKH AND 2 OTHERS Versus CHIEF PERSONNEL OFFICER PAKISTAN RAILWAYS AND ANOTHERS
| Citation | 1981 PLP 910 (PLC(CS)) |
| Forum / Court | Labour Appellate Tribunal Sind |
| Bench Members | Z. A. Channa, Appellate Tribunal |
| Parties | ALI MUHAMMAD SHEIKH AND 2 OTHERS Versus CHIEF PERSONNEL OFFICER PAKISTAN RAILWAYS AND ANOTHERS |
Q1: What are the key laws and sections cited in 1981 PLP 910 (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 910 (PLC(CS))?
The case was heard and decided by the Labour Appellate Tribunal Sind bench comprising: Z. A. Channa, Appellate Tribunal.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 910 (PLC(CS)) (ALI MUHAMMAD SHEIKH AND 2 OTHERS Versus CHIEF PERSONNEL OFFICER PAKISTAN RAILWAYS AND ANOTHERS). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Shabbir Ahmad Awan for Respondent.
Judgment & Decree
(iv) Signal Engineering Deptt. (v) Civil Engineering Deptt. (vi) Transportation (Traffic) & Commercial Deptt. (vii) Personnel Branch. (viii) Medical Deptt.
Four advance increments or when no increment issued Rs. 1,000 in lump sum. They should also be given special consideration for selection to Class II posts. (1) Benefits admissible to employees of Personnel Branch shall be given only to those who have acquired the additional qualifica tions during the course of their employment in the Personnel Branch and only while they are serving in the Personnel Branch. (2) The benefits shall be admissible if the qualifications are acquired after recruitment to class."
3. As was pointed out by this Tribunal in the case of Chief Personnel Officer, Pakistan Railway v. Akhtar Iqbal Appeal No. KAR‑362/80 (1981 PLC 504) for being entitled to the benefits and the increments provided under Part (D) of the scheme, the employee concerned must obtain the qualifications pres cribed for Class II officers in the department to which he is attached. The present appellants, Ali Muhammad Shaikh Muhammad Usman Mangsi and Amir Ahmad, would be entitled to advance increments under Part (D) of the scheme only if they had obtained qualifications for the Transport. Civil Engineering and the Signal Departments respectively. In other word; they would be entitled to the benefits under Part (D) of the scheme if is shown that B. A. was a qualification for Class II Officers in the Trans. port, Civil Engineering and the Signal department. Mr. Abdul Hakeem, however, was unable to show me that B. A. was the prescribed qualifica tion for Class II in any one of the aforesaid department. He, however, relied upon the letter, dated 17th September, 1966 of the Government of West Pakistan making certain clarifications regarding the incentive scheme, The said letter reads as follows ;‑‑ "The Vice‑Chairman, West Pakistan Railway Board, Lahore. Sub.‑Incentive scheme for Railway Officers and subordinates. Reference your Letter No. 957‑E/213 (E. Policy) dated 13th August, 1966. The point raised therein has been carefully con sidered by the Railway Board who are of the view that the phrase "the acquisition of qualifications Prescribed for Class it officers" in Part (D) of the incentive scheme as contained in Railway Board directives dated 15th December, 1961 and 22nd January, 1966 implies that if a subordinate employees acquires the same qualifications which entitle a Class II Officer for a benefit under the incentive scheme, he will get the benefits as indicated in Part (D) of the incentive scheme provided these qualifications are acquired after recruitment to the class. Marghub Ahmad, Section Officer E. I."
4. The above letter even if it is still in force, does not help the cases of the appellants. In the first place, it is not shown that B. A. is a prescribed qualification for Class II officers :n any of the Departments in which the appellants are employed. Moreover, as admittedly the appel lants have not yet been promoted as Class II Officers, they would be further debarred from entitlement to the benefits under Part (D) of the scheme as clarified by the letter, dated 17th September, 1966, which requires that the qualifications must be acquired after recruitment to the class i. e. Class II.
5. For the reasons discussed by me above, I find no merit in all these 3 appeals and would accordingly dismiss the same. Appeals dismissed.