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Appeal No. 90/151 of 1978, decided on 24th September, 1979.
‑‑--Pay‑Official serving under Government of Sind repatriated and transferred to Punjab; placed junior to Officials already serving in Punjab ; treated as fresh recruit for pay also allowed minimum of pay scale‑Departmental order regarding allowing minimum of pay scale, held, not sustainable‑Official, held, would receive last pay drawn in Sind‑Punjab Service Tribunals Act (IX of 1974), S. 4.
--‑Ghulam Ali Forester, has filed this appeal against the order of Secretary, Forest Department dated 7th September, 1974 whereby the pay of the appellant was fixed at the minimum of the pay scale.
The facts of the case are that the appellant was selected as Forester by the Conservator of Forest, Hyderabad and worked in the Province of Sind till 4th May, 1972 when the Governor of the Punjab by an order repatriated Ghulam Ali and two other Forest Rangers to the Province of Punjab. The only stipulation in this order was that they would take their seniority at the bottom of the list of the Forest Guards and Foresters of the region to which they are posted. Their pay was fixed according to the Last Pay Certificate issued by the Government of Sind. By an order of the Government the appellant has now been treated as a fresh recruit reducing his pay to the minimum of the scale. Another Forester Mr. Mohammad Nazim Khan who was appointed Forest Ranger and working in the Province of Sind and repatriated to Punjab was similarly treated by the Government of Punjab. Mohammad Nazim Khan filed an appeal in Service Tribunal (Case No. 179/668 of 1975). In that case the Tribunal set aside the order of the Government fixing the pay of the Forest Guard at the minimum of the scale and directed that Mohammad Nazim Khan should receive the last pay drawn by him in Sind. Since the facts regarding this case and legal position of the appellant are the same as that in Mohammad Nazim Khan's case, the appeal of Ghulam Ali is accepted for the reasons detailed in the judgment of Mohammad Nazim Khan's case.
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