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Petitioner: Raja ABID HUSSAIN VS Respondent: DISTRICT ACCOUNTS OFFICER, SAHIWAL and others
Court Name: Supreme Court of Pakistan Judge(s): Shafi-ur-Rehman, Saad Saood Jan Title: Raja ABID HUSSAIN vs DISTRICT ACCOUNTS OFFICER, SAHIWAL and others Case No.: Civil Petition No, 713 of 1986 Date of Judgment:1989-07-25 Reported As: 1990 SCMR 1452 Result: Ordered accordingly
Judgment ' SAAD SAOOD JAN, J.---The petitioner joined service as Elementary School Teacher in the National Pay Scale No, 8. By notification dated 20-8-1980 he was appointed as Secondary School Teacher in National Pay Scale No, 14. In the new scale his pay was fixed after allowing him one pre-mature increment on the assumption that his appointment as Secondary School Teacher was by way of promotion. Subsequently, his pay was reduced by withdrawing the pre-mature increment on the ground that his appointment as Secondary School Teacher was a fresh one and not "in line of promotion" of an Elementary School Teacher. He was asked to refund the excess amount he had in the meanwhile received. He preferred a departmental representation which was rejected. He filed an appeal before the Punjab Service Tribunal but that too failed. He now seeks leave to appeal from this Court. 2. After hearing the learned counsel for the petitioner we are not persuaded that the view taken by the Department as well as the Tribunal suffers from any infirmity. The letter of the petitioner's appointment as Secondary School Teacher is available on the record. The wording of the letter and the terms and conditions mentioned therein leave no room for doubt that it was a case of fresh appointment. Leave is refused.