GOVERNMENT OF BALUCHISTAN vs MOIZUDDIN AHMED
This matter concerns a petition for leave to appeal filed by the Government of Baluchistan against a decision of a Service Tribunal regarding a civil servant's entitlement to pay in National Pay Scale (NPS) 20. The respondent, a former Secretary to the Government of Baluchistan, claimed entitlement to NPS 20 pay for the period between 1972 and 1977. While the Government granted this pay only from July 1977, the Tribunal ruled in favor of the respondent, holding him entitled to NPS 20 pay from February 1974, citing a Federal Government letter and Section 17 of the Civil Servants Act, 1973, regardless of whether he met the 15-year service eligibility criterion. The core legal question is whether a civil servant can claim pay for a higher grade without meeting the mandatory minimum length of service prescribed by the relevant government notification, and whether Section 17 of the Civil Servants Act, 1973, grants an unconditional right to such pay. Finding that the point raised regarding the interpretation of service rules and statutory provisions requires deeper consideration, the Supreme Court granted leave to appeal.
- Is the entitlement to pay sanctioned for a post under Section 17 of the Civil Servants Act 1973 unconditional or subject to the rules?
- Can a civil servant claim pay in a higher grade if they have not completed the minimum length of service required by the governing notification?
- Section 17, Civil Servants Act 1973
- Order XXXIII, Supreme Court Rules 1980
ORDER
' M.S.H. QURAISHI, J.-- According to the office report, the petition is late by two days. In the application moved under Order XXXIII of this Court's Rules, it has been submitted that the order of the Tribunal having been communicated on 11th December, 1983 and the petition having been finally presented at Karachi on 7th February, 1984, there was no delay. The delay, if any, is condoned subject to all just exceptions.
2. Respondent Moizuddin Ahmad served as Secretary to the Government of Baluchistan from October, 1972 to November, 1977. He was given pay in NPS 18 from October, 1972 to May 1976 and in NPS 19 from May, 1976 to November, 1977. He, however, claimed pay in NPS 20 for all this period but the Government allowed him such pay only for the period from 5th July, 1977. His representation to the Provincial and the Federal Government having failed he moved an appeal before this Tribunal.
The Tribunal came to the view that he was entitled to pay in NPS 20 from 28th February, 1974 in terms of the Federal Government letter No, 3/3/73-ARC-II dated 24th March, 1974 and that even if he had not completed 15 years of service as required in that letter, he was, nevertheless, entitled to the pay of the post under section 17 of the Civil Servants Act.
3. The learned Advocate-General, Baluchistan, points out that although in the letter dated 24th March, 1974 the post of the Provincial Secretary is in Grade 20, but the minimum length of service for eligibility to that Grade as provided in that very letter is 15 years and that the respondent was not entitled to pay in NPS 20 until he completed the required length of service. Adverting to section 17 of the Civil Servants Act, he pointed out that even under that section entitlement to the pay sanctioned for the post was not unconditional but subject to the rules.
4. The point raised requires consideration. Leave to appeal is, therefore, granted.