The Lahore High Court Multan Bench Multan has issued a decision on 18-01-2022 in connection with Premature Increment on Upgradation in Punjab. The details are as under:
LHC Decision Regarding Premature Increment on Upgradation in Punjab
That briefly stated that the relevant facts for the consideration of this intra Court Appeal are that the appellant instituted a Constitution Petition before the Hon’ble High Court with the grievance that the appellant and other teachers are being denied the right of pre-mature increments on up-gradation of their posts whereas as per Rule 10(i) of the Punjab Civil Servant Pay Revision Rules 1977. The appellant has the right of pre-mature increments on the up-gradation of their service.
As the rule provides, when a civil servant promotes from a lower to a higher post, next above the pay of the scale of the lower post, give a pay increase equal to or less than a full increment of the pay scale of the higher post. Initial pay in the Revised National Pay scale of the higher post will be fixed after allowing pre-mature increments in the revision National Pay Scale of the higher post. But the department remained to fail to award pre-mature increments on the basis of the rule referred above and the appellant prayed for a grant of the relief in terms of the rules referred to ibid.
The Hon’ble learned Single Judge in Chamber without appreciating the real facts of the case dismissed the writ petition of the appellant on the ground that the writ petition is not maintainable as per Article 212 of the Constitution of Islamic Republic of Pakistan 1973 as the pre-mature increments upon the up-gradation of the post fail within the domain of terms and condition of service. Copy of judgment dated 18.1.2020 learned Single Judge passed in Chamber (attached as Annex-A)
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The decision to Decide within one Month
Having the consent of learned counsel for the appellant, this intra Court Appeal dispose of. The office directs to send the copies of writ petition and annexures, if any, to respondent No. 1 at the expenses of the appellant, who shall treat it as representation and shall decide the same on its own merit in accordance with law within a period of one month after giving proper right of hearing to the appellant.
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