WEST PAKISTAN GOVERNMENT vs S. ABDUL KHALIQ, ACCOUNTANT, HAZARA — 1970 SCMR 721

Citation: 1970 SCMR 721

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: WEST PAKISTAN GOVERNMENT vs S. ABDUL KHALIQ, ACCOUNTANT, HAZARA JUDGMENT

Headnotes

Case cited as 1970 SCMR 721

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:WEST PAKISTAN GOVERNMENT vs S. ABDUL KHALIQ, ACCOUNTANT, HAZARA JUDGMENT Reported As: 1970 SCMR 721 Result: Appeal dismissed Judgment JUDGMENT M. R. KHAN, J.-This appeal by special leave, at the instance of the Province of West Pakistan, is from the judgment and order of the High Court of West Pakistan, Peshawar Bench, in Writ Petition No 243 of 1964, whereby the writ petition was accepted and the following declaration was made: "I, accordingly, accept the writ petition with costs, and give direction that the petitioner would be entitled to the prescribed scale of Accountant with effect from 14-10-1955 and not from 7-5-1962." The respondent opted for the prescribed scale of pay of Accountant (Rs. 200-15-350) on the basis of the Notification of the 1st March 1962, by which the post of Accountant, among other posts, was included in the Schedule of the Pay Revision Rules. His option for the prescribed scale was accepted by the Government, but there arose a dispute as to the date from which the respondent was entitled to claim the prescribed scale of pay. The respondent claimed that the post of Accountant having been included in the Schedule of the Pay Revision Rules and those Rules having retrospective effect from the 14th October 1955, he is entitled to the prescribed scale of pay from the said date. The Government, on the other hand, took the stand that the…

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