1997 PLP (C (PLC(CS))
IKHTIAR AHMAD QURESHI Versus GOVERNMENT OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and others
| Citation | 1997 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian and Fazal Ilahi Khan, JJ |
| Parties | IKHTIAR AHMAD QURESHI Versus GOVERNMENT OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and others |
Q1: What are the key laws and sections cited in 1997 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian and Fazal Ilahi Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP (C (PLC(CS)) (IKHTIAR AHMAD QURESHI Versus GOVERNMENT OF PAKISTAN through Secretary, Ministry of Interior, Islamabad and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Manzoor Ellahi Qureshi, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 6th November, 1995.
Headnotes / Summary
(On appeal from the judgment dated 19‑4‑1995 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 488(R) of 1994). Punjab Civil Servants Act. (VIII of 1974)‑‑‑ -‑‑S. 16‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Pay‑‑‑Claim to higher pay while working against higher post‑‑‑Service Tribunal rejected civil servant's claim‑‑‑Validity‑‑‑Civil .servant's contention was that finding recorded by Service Tribunal was contrary to judgment of Supreme Court in Sh. Amar Maftoon's case (1992 SCMR 1869) in which it had been declared that civil servant, who worked against post of higher grade and discharged functions of that post, was entitled to pay attached to that post‑‑Leave to appeal was granted to consider, whether view found favour with Service Tribunal was in consonance with law enunciated by Supreme Court in 1992 SCMR 1869. Sh. Amar Maftoon v. Government of the Punjab through Secretary, Education and another 1992 SCMR 1869 rel.
Judgment & Decree
AJMAL MIAN, J.‑‑‑This is a petition for leave to appeal against the judgment dated 19‑4‑1995 of the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, passed in Appeal No. 488(R) of 1994, filed by the petitioner claiming the pay as Kanungo while he was acting as such during the period commencing from 17‑12‑1989 to June, 1995, declining the same for the following reasons:‑‑ "A bare reading of the above‑referred office order would show that it was only a "Posting/Transfer" order and not a "Production/Appointment/Order. By this order the appellant as Patwari was transferred from the office of Kanungo in the Main Office to the office of Field Girdawari Halqa Sihala. It does not in any way give the idea that the appellant was entrusted with the duties of Kanungo to claim the higher pay of the post. In this view of the matter, the appeal is misconceived and is accordingly dismissed with no order as to costs." The petitioner has, therefore, filed the present petition for leave to appeal.
2. In support of the above petition, Mr. Manzoor Ellahi Qureshi, learned A.S.C. for the petitioner, has contended that the above conclusion recorded by the Tribunal runs contrary to the judgment of this Court in the case of Sh. Amar Maftoon v. Government of the Punjab through Secretary, Education and another (1992 SCMR 1869), in which it has been held that a civil servant, who worked against a post of higher grade and discharged the functions of such post, was entitled to the pay attached to that post.
3. We are inclined to grant leave to consider, whether the view found favour with the Tribunal is in consonance with the law enunciated by this Court inter alia in the above report. Leave is, accordingly, granted. A.A./I‑256/S Leave granted,