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K.L.R. 1999 Labour & Service Cases 132

IMTIAZ AHMAD MALIK vs SECRETARY M/O RAILWAY And Other

CitationK.L.R. 1999 Labour & Service Cases 132
CourtSupreme Court of Pakistan
Case No.C.P. No. 1173-L of 1997
Date1999-07-06
Judge(s)Saeeduzzaman Siddiqui, Sh. Riaz Ahmad, Sh. Ijaz Nisar
ResultN/A

ORDER

1. SAIDUZZAMAN SIDDIQUI, J. -- We have heard the learned counsel for the parties. The learned counsel for the petitioner contends that in view of law laid down in 1994 PLC (CS) p. 411 by this Court, even if it is assumed that the petitioner could not be promoted to B-17, as according to the learned counsel for the Department only 15% posts in B-17 were available to the promotees in the cadre of petitioner; the petitioner having served on a higher post was entitled to pay and allowances admissible to B-17 posts in terms of the above judgment of this Court. The learned counsel for the Department does not dispute that the petitioner is entitled to the pay and benefits of B-17 in view of the judgment quoted above.

2. Accordingly, we convert this petition into appeal and modify the judgment of the Federal Service Tribunal to the extent that the petitioner is entitled to the pay and benefits of B-17 post minus any Special Pay received by him for the period he worked against the post in B-17.

3. There will be no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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