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Petitioner: Malik MUREED HUSSAIN VS Respondent: THE ADMINISTRATOR, MUNICIPAL CORPORATION, BAHAWALPUR
2002 P L C (C
2002 P L C (C.S.) 1502
[Lahore High Court]
Before Ghulam Mahmood Qureshi, J
Malik MUREED HUSSAIN
Versus
THE ADMINISTRATOR, MUNICIPAL CORPORATION, BAHAWALPUR and another
Constitutional Petition No.5005/BWP of 1999, heard on 13th April, 2001.
Civil service‑--
‑‑‑‑ Promotion‑‑‑Entitlement On to pay scale of higher post‑‑‑Civil servant serving as Traffic Inspector in BPS‑9 was promoted as Land Officer in BPS‑11, but despite the said promotion he was paid salary in BPS‑9‑‑ Civil servant made representation for payment of higher scale, but Authority paid no heed to his request‑‑‑Effect‑‑‑Civil servant who was not ineligible or deficient in qualification, was entitled to higher pay scale‑‑‑Authority was directed to decide representation filed by civil servant expeditiously strictly in accordance with law‑‑‑Constitution of Pakistan (1973), Art. 199.
Imdad All Khan v. Pakistan and another PLD 1986 SC 349 ref.
Ch. Parmoon Bashir for Petitioner.
Muhammad Ozair Chughtai for Respondents.
Date of hearing: 14th April, 2001.
JUDGMENT
Brief facts relevant for the disposal of this Constitutional petition are that the petitioner was serving as Traffic Inspector in BPS‑9 in Municipal Corporation, Bahawalpur, while in July, 1997 the post of Land Officer fell vacant on the promotion of Mr. Yousaf Shah as Superintendent and the petitioner was posted against that post being senior most. As no promotion was granted to the petitioner, he made a representation which was rejected. Thereafter, the petitioner filed Writ Petition No.5373 of 1997 which was disposed of by this Court vide order dated 5‑11‑1997 with the following direction:‑‑
"The Administrator, Municipal Corporation, Bahawalpur is directed to consider the desirability of convening the meeting of the Departmental Promotion Committee/Selection Committee as expeditiously as possible under intimation to the Additional Registrar of this Bench."
2. In the Departmental Promotion Committees meeting held on 24‑12‑1998, the case of the petitioner was recommended for promotion. In consequence thereof the petitioner was promoted as Land Officer in BPS‑11 vide order dated 5‑1‑1999 passed by respondent No.2. In spite of the fact E that the petitioner was performing his duties as Land Officer but he was drawing pay of BPS‑9, he made representation in this behalf but the respondent paid no heed to his request. Hence this Constitutional petition.
3. I have heard learned counsel for the petitioner as well as Mr. Muhammad Ozair Chughtai, Advocate for the respondent. I have also perused the record. as well as parawise comments submitted by respondents Nos. 1 and 2 therefore, this case is being decided as a notice case.
4. In para. 6 of parawise comments submitted by respondents Nos. 1 and 2 the appointment of the petitioner as Land Officer has been admitted but it is submitted that it was conditional. In this para. it is also submitted that he was retired from service on 5‑11‑1999 on account of involvement in the cases of corruption, misconduct. embezzlement and misappropriation of Municipal fund. In Imdad Ali Khan v. Pakistan and another (PLD 1986 SC 349), their Lordships held:----
"We have while deciding other eight Appeals (Civil Appeals Nos.23 of 1985, 138 of 1981, 711, 787 to hand 831 of 1984) held that when a civil servant, otherwise, suffering from no ineligibility or deficiency is promoted or called upon to discharge the full duties of the higher post he is entitled to the increments in the pay scale of the higher post for so long as he discharges those duties and holds such a post. As in the instant case there is no indication, suggestion or material on record to show that the civil servant concerned was in any way ineligible or deficient in qualification he was entitled not only to the time scale pay ‑at its minimum but also to increments falling due."
5. This writ petition is disposed of with a direction that the representation filed by the petitioner shall be decided by the authorities concerned expeditiously strictly in accordance with law and keeping in view the dictum laid down by the Hon'ble Supreme Court of Pakistan in the above noted case. Disposed of.
H.B.T./M‑811/L Order accordingly.