GOVERNMENT OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE, — 1970 SCMR 673

Citation: 1970 SCMR 673

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-28

Parties: GOVERNMENT OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI vs HAQ NAWAZ

Headnotes

Case cited as 1970 SCMR 673

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title:GOVERNMENT OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI vs HAQ NAWAZ Case No.:Civil Petition for Special Leave to Appeal No. 840 of 1970 Writ Petition No. 1956 of 1966 Date of Judgment:1970-04-28 Reported As: 1970 SCMR 673 Result: Leave refused Judgment ORDER 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.…

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