Increment
Increment legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
When a civil servant reached the maximum of a pay scale and got promotion in the same scale, he could not get any increment
Grant of increment would mean crossing the maximum of that scale.
Two advance increments earlier granted to civil servant, were ordered to be withdrawn with retrospective effect after about 7 years and amount of such increments received by civil servant were also ordered to be recovered from him
Increments were ordered to be withdrawn on allegation that civil servant had concealed fact of grant -of honorarium equal to one month's salary during grant of two advance increments
No bar under Rules of Department existed to the effect that a second award could not be given to an official
Recovery of amount of two increments from civil servant also could not be made after seven years because if recovery proceedings were not made within a period of three years, recovery would be time-barred and non-enforceable at law
Order withdrawing two increments earlier granted to civil servant and recovery of amount was set aside in circumstances.
Civil servant was allowed one increment on account of his having acquired additional educational qualification over and above the minimum requirement as prescribed for the post
Later on when by a notification two increments were allowed for each additional educational qualifications civil servant who had acquired additional qualifications prayed for four increments
Authority not only denied such increments to civil servant, but even recalled one increment earlier allowed to him on account of his acquiring additional qualification and over-payment was recovered because of certain change occurred in the policy
Held, civil servant who had acquired higher qualifications whereas his job requirement was lesser was rightly given one increment and by latter notification according to which two increments were allowed for each additional educational qualification was entitled to four increments
Civil servant therefore, could not be denied that right on ground of subsequent change in policy as a vested right already created could not be divested by any subsequent change in law or policy
Any executive fiat would always be prospective in operation and not retrospective
Order according to which earlier increment was recalled, was set aside, recovery from civil servant was held illegal and void and civil servant was also held entitled to get two increments for additional qualification from date. he passed the examination for that qualification.
Increment Increment - Stoppage of, for misconduct - Employing concern governed by Ordinance III of 1960-No show-cause notice necessary-Industrial and Commercial Employment (Standing Orders), Ordinance (III of 1960).
Increment Arbitrary - Practice, held, undesirable.
Increment Increment-Rise in cost of living-Rise in pay-scale of lower categories of workers ordered.
Increment Increment-Claim for revision of pay-scale-Initial onus lies on workers to prove that existing pay-scale is lower than that in other comparable concerns or that it is not commensurate with increase in cost of living.
"Increment", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15396
Precedents & Case Laws citing "Increment"
2018 P L C (C
Dr. HABIB-UR-REHMAN Versus SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA and 3 others
Court: Peshawar High Court1981 S C M R 460
TILE PROVINCE OF PUNJAB-Petitioner Versus SHABBIR HUSSAIN-Respondent
Court: High CourtP L C 1980 (C
SHABBIR HUSSAIN Versus PROVINCE OF PUNJAB
Court: Service Tribunal Punjab2005 P L C (C
HAQ NAWAZ and 2 others Versus SECRETARY TO GOVERNMENT OF THE PUNJAB, FINANCE DEPARTMENT, LAHORE and 2 others
Court: Punjab Service Tribunal2004 S C M R 309
PROVINCE OF PUNJAB through The Chief Engineer, Highway Department and others — Appellants Versus PERVAIZ IQAAL — Respondent
Court: Supreme Court of Pakistan2004 P L C (C
PROVINCE OF PUNJAB through the Chief Engineer, Highway Department and others Versus PERVAIZ IQBAL.
Court: Supreme Court of Pakistan2020 P L C (C
AKHTAR HUSSAIN SHAH Versus OIL AND GAS DEVELOPMENT COMPANY LIMITED through Managing Director/Chief Executive and another
Court: Islamabad High Court2024 P L C (C
SENIOR GENERAL MANAGER, PAKISTAN RAILWAYS and others Versus MUHAMMAD PERVAIZ
Court: Supreme Court of Pakistan2024 S C M R 581
SENIOR GENERAL MANAGER, PAKISTAN RAILWAYS and others — Appellants Versus MUHAMMAD PERVAIZ — Respondent
Court: Supreme Court of Pakistan1997 P L C (C
AQEEL ASSAM Versus PRINCIPAL, GOVERNMENT VOCATIONAL INSTITUTE, MULTAN and others
Court: Service Tribunal Punjab