SENIOR GENERAL MANAGER, PAKISTAN RAILWAYS vs MUHAMMAD PERVAIZ Policy decisions of the Executive

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SENIOR GENERAL MANAGER, PAKISTAN RAILWAYS VS MUHAMMAD PERVAIZ Policy decisions of the Executive---Interference by Courts---Scope of judicial review of Government policies stated. Citation Name: 2024 PLC(CS) 508 SUPREME-COURTBookmark this Case SENIOR GENERAL MANAGER, PAKISTAN RAILWAYS VS MUHAMMAD PERVAIZ Employee of Pakistan Railways---Advance increments to officials for possessing/attaining higher education qualifications, entitlement to---Federal Service Tribunal held that the respondent (employee) was entitled to receive advance increments from the date of acquiring the higher qualification of L.L.B. (Legum Baccalaureus/Bachelors in Law)---Legality---Perusal of the relevant Standing Instruction (SI.) No.32, available at page 1043 of the Estacode (2007 Edition), Volume-II and the two relevant Office Memorandums (O.M.) pertaining to the advance increments policy of the appellant-department showed that the policy of granting advance increments on acquiring L.L.B. degree was only available to the employees of the courts, and two advance increments were allowed on acquiring L.L.B. degree, being equal to a M.A./M.Sc. degree, to all the officials working in the organizations which were either dispensing justice or directly connected with the work of dispensing justice, with immediate effect---Counsel for the respondent neither argued that the respondent was ever engaged in or assigned any duty which was directly related to court work or directly connected with the work of dispensing justice, nor was she able to highlight that any other persons were granted advance increments on qualifying L.L.B. in addition to, or in spite of already having been granted advance increments on qualifying M.A./M.Sc.---Admittedly the respondent had been allowed the benefit of two increments on attaining the qualification of M.A. in accordance with the instructions contained in SI. No.32---Scheme conferring advance increments to law graduates was introduced purposely keeping in view the assignment of jobs in the field of law, and with the rider that if advance increments had been granted on Master Degrees then no further increment shall be allowed on law graduation---Appeal was allowed and judgment of Federal Service Tribunal was set-aside.

SENIOR GENERAL MANAGER, PAKISTAN RAILWAYS vs MUHAMMAD PERVAIZ Policy decisions of the Executive — 2024 PLC(CS) 508 SUPREME-COURT

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