ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-2564 of 2011

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Order with signature of Judge

For Katcha Peshi

11.02.2014

Mr.Imdad Ali Ujjan, advocate for petitioners

Mr.Ainuddin Khan, DAG-I

M/s.Tariq Ali Nawaz DD (A) and Muhammad Tayyab Suptt., of Pakistan Agriculture Research Council are also present

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Petitioner No.1, 2, 4 and 5 have prayed that directions be issued to respondent No.2 to 4 to implement Notifications dated 08.11.2001 (available at page-27 to 33 of court file). It has been further prayed that similar treatment may also be given and notification be issued to petitioner No.3 and 6 as their case and entitlement is identical to other petitioners.

Brief facts are that an office order was issued on 08.11.2001 whereby Pakistan Agriculture Research Council granted four advance increments in BPS-17 on account of M.Sc., (Hon.) degree obtained after B.Sc., (four years course after F.Sc.) declared equal to M.Phil., by University Grants Commission. Respondent No.3 and 4 have filed their comments in which though they have not denied issuance of notifications but a plea was taken that office orders/notifications were issued inadvertently for grant of four advance increments but said increments were not paid because same were not in accordance with Government of Pakistan rules and not justified. It was further stated that as per advertisement, minimum qualification was M.Sc., (Hon.) therefore, no higher qualification over and above minimum qualification is involved. It is further stated that Finance Division (Regularizations Wing) clarified by their office memorandum dated 24^th April, 2002 that University Grants Commission did not consider M.Sc., (Hon.) degree as post master qualification. It was further averred that government stopped scheme for grant of advance increment with effect from 1^st December, 2001, therefore, grant of advance increment stands closed and reopening of old cases may create anomaly in pay fixation of other officers as well as retired officers. Learned counsel for petitioners argued that notifications were issued on 08.11.2001 while comments referred to stoppage of scheme w.e.f., 01.12.2001 and for intents and purposes, the notifications issued in favour of petitioners cannot be withdrawn or nullified with retrospective effect and they are entitled to be considered for payment of increments. He also pointed out one more document which is attached with the comments of respondents which relates to another person Allah Bakhsh for which petitioners have categorically mentioned in para-11 of petition that petitioners have been denied for the payment but Allah Bakhsh who is placed in similar position has been accommodated and he is being paid same amount which is clear case of discrimination with the petitioners. What we find out through the documents attached with comments relating to Allah Bakhsh is showing that audit observation on this account has been settled as reported by S.O (F&A) of Finance Division, Government of Pakistan who regularized payment of four advance increments granted prior to 24.04.2002. It was further stated that no policy is required and benefit may be allowed to applicant with effect from the date of granting advance increments. This note sheet produced by respondent No.3 and 4 alongwith comments was signed on 31.10.2008 which apparently shows that Allah Bakhsh has been allowed four advance increments and nothing has been placed on record with the comments to show whether these petitioners were called upon to explain as to why notifications should not be withdrawn and proprietary demands that Chairman of respondent No.3 should afford reasonable opportunity of hearing to petitioners regarding their entitlement in view of notifications issued for four advance increments and since petitioner No.3 and 6 also claimed same treatment and their case is at par though notifications were not issued, therefore, right of audience may also be provided to them.

By consent, the petition was heard at Katcha Peshi stage at length and admitted to regular hearing and as a result of above discussion, the petition is disposed of with the directions to Chairman of respondent No.3 to provide ample opportunity of hearing to petitioners in Karachi and decide fate of their office orders regarding their four advance increments within a period of three months. Petition disposed of.

J U D G E

J U D G E