NAZIR AHMAD Versus CHAIRMAN, WAPDA

1. SHAFIUR RAHMAN, J. ‑‑The petitioner, a civil servant seeks leave to appeal against the judgment of the Federal Service Tribunal dated 26‑8‑1982 whereby his claim to proper fixation of pay was dismissed.

2. This appeal is shown to be barred by 106 days and the explanation given by the learned counsel for the petitioner for it is that soon after the judgment of the Tribunal a Review Petition was moved but it did not succeed. It is admitted that as held by this Court in S.A. Rizvi v. Pakistan Atomic Energy Commission and another (1986 SCMR 965) and Muhammad Farid Khan v. Water and Power Development Authority (1984 SCMR 603) no review is competent. All the same, rule 25 of the Service Tribunals Rules does provide for correction of clerical errors. The Petitioner's case does not fall in it and the Petition is clearly barred.

3. On merits too, we find that his case has been dealt with properly by the Tribunal. This is an unusual case where the Petitioner was before his promotion getting pay in .the Scale of Rs. 750‑50‑1500 and was at the maximum. His promoted post carried the scale of Rs. 500‑50‑1,000/50‑1250. It was, therefore, not possible for him to receive anything above the maximum of the promoted scale what he was receiving before being promoted. That has been done and that is all that could be done. Leave to appeal is, in the circumstances, refused.

4. M.Y.H./N‑99/S Petition dismissed.