LUTFE ALI KHAN Versus SECRETARY, IRRIGATION & POWER DEPARTMENT, PUNJAB

ORDER

SHAD SAOOD JAN, J.‑ ‑‑This is a petition for special leave to appeal‑from the order dated 5‑8‑1981 of the Punjab Service Tribunal whereby the petitioner's appeal was dismissed.

2. The petitioner joined service on 15‑7‑1957 in the West Pakistan Government as Assistant Research Officer, Extra Assistant Ground Water Geologist, on a temporary basis. The post to which he was appointed was graded an Class‑II and carried a pay scale of Rs.215‑20‑450/25‑600/25‑700. With effect from 1‑4‑1960 the whole department in which he was employed was transferred to, the Water and Power Development Authority. On 18‑7‑1963, the Authority promoted him to the post of Senior Geologist. This post was graded as senior Class‑I and carried a pay scale of Rs.600/40‑1,150. On promotion his initial pay was fixed at Rs.600. On 18‑7‑1964, he was granted the first increment. Eight months later, the increment was withdrawn on the ground that he had not put in the requisite qualifying service for the grant of the increment. He filed a departmental representation but when it failed he filed an appeal before the Service Tribunal. The Tribunal rejected his appeal. He now seeks leave to appeal from this Court.

3. The increment has been withdrawn from the petitioner on the ground that Rule 9, West Pakistan Civil Services (Pay Revision) Rules, 1964 did not permit the granting of annual increment to a promotee till he had put in 7 years of service in the junior scale of Class‑I. The contention on behalf of the petitioner is that these Rules were applicable only to such persons who held posts specified in the Schedule attached to the Rules. His post was not included in the Schedule and for that reason the qualification for earning increment as laid down in the said Rules did not apply to him. On the other hand, his case is to be governed by Rule 4.7 of the Civil Servant Rules which states that an increment is to be drawn as a matter routine.

4. The contention raised on behalf of the petitioner needs examination. Leave to appeal is granted. Security for costs in the sum of Rs.5,000. The appeal may be made ready for hearing on the present record with permission to the parties to file additional documents, if any, within two months.

M.I. /L‑15/S Leave granted.