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Civil Petition No. 455‑R of 1985, decided on 14th April, 1986.
(On appeal from the judgment and order, dated 28‑10‑1985 passed by the Federal Service Tribunal in Appeal No. 300(R)/1984).
‑‑Art. 212(3)‑‑Civil Servants Act (LXXI of 1973), Ss. 9 & 17‑ Government servant performing functions of higher post‑‑Benefits of higher post‑‑Entitlment to‑‑Government servant without his being regularly promoted, who is qualified and performs functions of higher post, is entitled to draw pay and periodical increments of higher post.
Civil Appeal No. 23 of 1985 rel.
Munir A. Sheikh, Deputy Attorney‑General and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
M. Zahoorul Haq, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate‑on‑Record for Respondent.
Date of hearing: 14th April, 1986.
‑A similar question, namely whether, a Government servant without his being regularly promoted, but who is qualified and performs the functions of the higher post is eligible to draw the benefit of the higher post such as pay with periodical increments, was considered in Civil Appeal No. 23 of 1985 and others, and it was held that he was so entitled to draw the pay and the periodical increments of the higher post.
Accordingly, this petition is without substance and is dismissed.
M. I. Petition dismissed.
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