ZAHOOR AHMAD vs DISTRICT ACCOUNTS OFFICER art — 2024 PLC(CS) 135 LAHORE-HIGH-COURT-LAHORE

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ZAHOOR AHMAD VS DISTRICT ACCOUNTS OFFICER art. 199---Punjab Civil Servants Pay Revision Rules, 1977, Paras. 10(i) & 10(iii)---Grant of premature increment, matter of---Constitutional petition---Maintainability---Petitioner , who was a Daftrigetting retirement on medical grounds, was not granted premature increment---Contention of the respondents / Department was that the fixation of premature increment related to the terms and conditions of service---Held, that since the petitioner had already been retired, his case did not fall within the meaning of civil servant and as such constitutional petition moved by him was competent before the High Court. Citation Name: 2024 PLC(CS) 135 LAHORE-HIGH-COURT-LAHORE ZAHOOR AHMAD VS DISTRICT ACCOUNTS OFFICER Paras. 10(i) & 10(iii)---Notification No.FD.PC-39-14/77(Pt.IV) (APCA/2008) dated 17-06-2014---Grant of premature increment, entitlement to---Daftri, who got retirement on medical grounds, was not granted premature increment---Respondent/District Account officer ('DAC') refused said grant---Validity---Record revealed that clarification was sought from the respondent/DAC regarding their (DAC's) letter of refusal to grant premature increment but said respondent, who was otherwise under obligation to reply, did not reply---One step promotion was granted to the petitioner by the Department Promotion Committee under the Government of Punjab, Finance Department Notification No.FD.PC-39-14/77(Pt.IV)(APCA/2008) dated 17-06-2014, whereas premature increment was to be awarded to him under Paras 10(i) & 10(iii) of the policy instruction of the Punjab Civil Servants Pay Revision Rules, 1977, which clearly provided that on promotion of a civil servant to a higher post / Scale 2 to 19, where the stage of the higher post, next above his pay in the lower post, gives a pay increase equal to or less than full increment of the pay scale of the higher post, the initial pay of the highest post will be fixed after allowing a premature increment in the Revised National Pay Scale of the higher post---Record also showed that other officials who were promoted to the next higher scale along with the petitioner, had already been granted premature increment, and the case of the petitioner was at par with them---Petitioner had been able to make out a case of premature increment---High Court directed the respondent (District Account Officer) to revise the pension of the petitioner after fixation of premature increment on account of his promotion to the next higher pay scale---Constitutional petition was allowed, in circumstances.

ZAHOOR AHMAD vs DISTRICT ACCOUNTS OFFICER art — 2024 PLC(CS) 135 LAHORE-HIGH-COURT-LAHORE

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