FEDERATION OF PAKISTAN etc. vs Kh. ZAHEER AHMAD
This matter comes before the Supreme Court of Pakistan upon petitions seeking consideration of whether increments on promotion to National Pay Scale 18 A are admissible only after the incumbent enters the seventh year of service. The core legal question involves the interpretation of Note (ii) and (iii) of clause (2) of sub-paragraph (G) and the Schedule to Office Memorandum No. 1(36) GAZ-IMP/1/73 dated 18th August, 1973, along with section 17 of the Civil Servants Act 1973. The Court held that since a point of law of general importance likely to affect a large number of cases is involved, leave is granted and the petition is allowed. The key principle laid down is that matters concerning civil servants' pay scales and increments involving general public importance warrant leave to appeal and authoritative interpretation of applicable administrative memoranda and statutory provisions.
- Are increments on promotion to National Pay Scale 18 A admissible only after the incumbent enters the seventh year of service?
- How are Note (ii) and (iii) of clause (2) of sub-paragraph (G) and the Schedule to Office Memorandum No. 1(36) GAZ-IMP/1/73 to be interpreted in relation to civil servant increments?
- Section 17, Civil Servants Act 1973
ORDER
1. ABDUL KADIR SHAIKH, J.-- The question for consideration in these petitions is whether the increments on promotion to N.P.S. 18 A 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,1(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.