ORDER Khalid Farooq Akbar (Member).--The main argument on behalf of the appellant is that the: -- "Leamed Lower Court has erred in law in holding that the suit is maintainable and that ignoring the argument of the Government Pleader, the salary at that time was a bounty of State." The claim of pay under dispute is for the period 1-12-1961 to 12-2-1964. The original suit was instituted by the respondent in the Court of Administrative Civil Judge, Jhang on 9-12-1965 which was decreed in favour of the present respondent. The appeal of the present appellant i.e. the Province of West Pakistan was dismissed by the learned Additional District Judge, Jhang on 11-11-1967. We find that in the case of Pakistan v. Mrs. Issacs (1) the issue has been clearly decided by their Lordships. It has been observed in the said judgment as below: 'Upon the view I have taken as regards the applicability of the doctrine of bounty to the case of salary already accrued due under the law prevailing at the time the respondent filed her suit, the respondent's appeal in the High Court was bound to succeed even (1) PLD 1970 SC 415 without invoking in aid the provisions of the Constitution of 1961. The general rule is that the rights of the parties to a suit Must be adjudicated upon on the basis Of the law prevailing at the date of the institution of the Suit."
3. We thus find that the salary was no longer a bounty of State in thei. relevant period as far as this case is concerned and we find no force in thep argument of the learned counsel.
4. On going through judgments of the lower Courts appended with the memorandum of appeal and having heard the learned counsel for the appellant we find no merit in this appeal which is dismissed in limine.