- R. 8(3) — Claim for grant of Selection Grade — Selection grade — Concept — Civil servant, who was inducted in service in 1974, was promoted as Section Officer in 1995 — New pay scales had been introduced, whereby the facility of selection grade had been withdrawn, but the Government of Pakistan had implemented the Policy, whereby employees who were eligible for selection grade or move over up to December, 2001, were declared entitled for selection grade — Civil servant, in the present case fell at serial No.21 of Seniority List and other civil servant, who was at serial No. 20 of the list of Section Officers, was granted selection grade-B-18 on 26-2-2004, with effect from November, 1999, on the post vacated by Under Secretary, who was on deputation — Another Section Officer was promoted on officiating basis as Deputy Secretary on 3-2-2002 and was confirmed on 28-6-2003 — Claim of civil servant was that after promotion of Section Officer on officiating basis, the post of grade 18 fell vacant and that it was his entitlement to get the selection grade against that vacant post — Concept of selection grade was that when avenues of advancement in career were non-existent or inadequate, then a civil servant could be allowed a higher pay scale in the cadre for a post with the same nomenclature, status and duties — Formula for sanctioning the selection grade had been changing from time to time — Under provisions of R. 8(3) of Azad Jammu and Kashmir Civil Servants Pay Revision Rules, selection grade in the higher pay scale would be admissible to holders of posts of B-1 to B-15, who had minimum length of two years’ service, and for civil servant in grade B-16 and above after 5 years service in ordinary pay scale — Said Rule had further provided that higher pay scale would be allowed on seniority-cum-fitness basis and on recommendation of appropriate Departmental Promotion Committee or Board — Notification dated 4-12-2001 had clearly laid down that if a selection grade was due to a civil servant before 13-11-2001, his case would be considered and decided in accordance with the then prevalent policy — Case of civil servant for grant of selection grade had to be considered in the light of R.8(3) of Azad Jammu and Kashmir Civil Servants Pay Revision Rules — Order accordingly. Azad Govt. v. Abdul Aziz Khan 2012 SCR 187 (A,B,C,D,E,G&H)
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