1970 PLP 673 (SCMR)

WAHIDUDDIN AHMAD, J.‑Haq Nawaz respondent was appointed as Lower Division Clerk on the 21st May 1949, in the Ministry of Defence, Rawalpindi, on civil side at Rs. 75 per month in the scale of Rs. 75‑5‑100‑EB‑5‑180 through an executive order. Later on, it was realised that under the Central (Non Gazetted) Civil Services (Revision of Pay) Rules, 1949, enforced on the 1st of April 1949, the Lower Division Clerks were entitled to the scale of Rs. 60‑4‑100‑EB‑5‑120 and the previous scale could not be allowed to the respondent as he was appointed after the enforcement of the said statutory Rules. This mistake was rectified on the 11th August 1949. The respondent and others who were adversely affected made representations to the Department. The Government of Pakistan, in the Ministry of Defense, regularized the appointment of five such appointees with effect from the date of their appointment in the original scale of Rs. 75‑

100. The 'respondent's claim was also accepted on the 7th of July 1965, when a formal order containing the sanction of President to the fixation of pay at Rs. 75 in the revision scale of pay Rs. 75‑180 was conveyed to him. This order was not implemented by the Department. The respondent, therefore, moved the High Court of West Pakistan, Lahore, in Writ Petition No. 1956 of 1966. The learned Judges of the High Court, by order dated the 19th February 1970, came to the conclusion that as the order granting beneficial scale of pay to the respondent has not been countermanded, the petitioner must implement it. The Department seeks permission to file an appeal against the said order. Mr. Khalilur Rahman, learned counsel for the petitioner, has contended that the, impugned order in favour of the respondent was passed by mistake and the same was cancelled by the Ministry of Finance (Military) and the Ministry of Finance (Civil) the grounds mentioned in the report of the Department. It may be so, the question for consideration is whether any order counter mending the order dated the 7th July 1965, has been issued with the sanction of the President as the said order was passed under the name of the President. No such order has been brought to our notice. The Department has filed a lengthy affidavit to show that the order dated the 7th July 1965, was passed under a bona fide mistake We are satisfied that the High Court in the circumstances of the present case, was perfectly justified in calling upon the petitioner to implement the order passed on the 7th July 1965. Mr. Khalilur Rahman, learned counsel for the petitioner, contended that the order in the name of President countermanding such order may be permitted to be issued. No such permission is required. It is for Legal Advisor of the Government to advise them on the steps which should be taken in the circumstances of the present case. We are not inclined to express any. opinion on this point. There is no force in the petition which is dismissed. Leave refused.