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FEDERATION OF PAKISTAN versus KH. ZAHEER AHMAD


Article 212 (3) is granted to appeal the Civil Servants Act (LXXI of 1973), Section 17 Salary Increase, to consider the question of whether the increase in development in NP Section 18 was appropriate only then When will the seventh year of employment be entered?

1984 S C M R 1305 (1)

Present: Aslam Riaz Hussain, Abdul Kadir Shaikh and M.S.H. Quraishi, JJ

FEDERATION OF PAKISTAN etc. ‑‑Petitioner

versus

Kh. ZAHEER AHMAD‑‑Respondent

Civil Petition for Special Leave to Appeal Nos. 39/11, 102/R of 1984 and 610/R of 1983, decided on 15th June, 1984.

(On appeal from the judgment dated 4th December, 1983 of the Federal Service Tribunal, Islamabad)

Constitution of Pakistan (1973)‑‑‑

‑‑Art. 212(3)‑‑Civil Servants Act (LXXI of 1973), S.17‑‑Salary‑ Increment‑‑Leave to appeal granted to consider question whether increments on promotion to N.P.S. 18 were admissible only after incumbent enters seventh year of service.

Munir A. Sheikh, Deputy Attorney‑General and Ch. Akhtar Ali Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing: 25th June, 1984.

ORDER

ABDUL KADIR SHAIKH, J.‑‑

The question for consideration ins these petitions is whether the increments on promotion to N.P.S. 18 are admissible only after the incumbent enters the seventh year of service. In this behalf interpretation of Note (ii) and (iii) of clause (2) of sub‑paragraph (G) and the Schedule to Office Memorandum No.l(36) GAZ‑IMP/1/73 dated 18th August, 1973 and also section 17 of the Civil Servants Act 1973 is necessary. Since the point of law of general importance likely to affect large number of cases is involved, leave is granted and petition is allowed.

S. Q. Leave granted

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