Justice (R) Tanvir Bashir Ansari, Chairman.--Briefly the facts are that the appellant was employed as Stenographer in Grade-15 and was granted Selection Grade-16 on 19.5.1996. He retired from service on his own request on 29.6.2003. During the course of his service the appellant was sanctioned House Building Advance amounting to Rs, 161676.00. On 15.9.97 upon his retirement, pensionary and other benefits of the appellant were worked out so however that a sum of Rs,114780 were deducted on account of interest on House Building. Advance.
2. The appellant felt aggrieved of the said deduction of interest on the ground that as the appellant was in the substantive pay scale BS-15, he was not liable to pay any interest on House Building Advance as per the General Conditions of Loan and Advances contained in the DDO Hand Book.
The appellant approached the Wafaqi Mohtasib (Ombudsman) through a complaint dated 11.6.2004. The subject complaint was processed by the learned Wafaqi Mohtasib(Ombudsman) who vide order dated 2.2.2005 found that the deduction was a case of mal-administration and recommended that the amount of recovery as interest on House Building Advance be refunded to the appellant.
3. This order/recommendation of the Wafaqi Mohtasib was challenged by the respondent whereupon the said order/ recommendation was set aside on the ground that the subject matter did not fall within the purview of the learned Wafaqi Mohtasib. Thereafter the present appeal was filed before the Tribunal on 21.12.2005.
4. The learned counsel for the appellant contends that the appellant was holding substantive Grade 15 and was placed in Grade-16 (Selection Grade) on 19.5.1996 and that according to Para 5.68 of the DDO Hand Book, he was not liable to pay any simple interest on the House Building Advance. The learned counsel has placed reliance on OM dated 30.1.2001 issued by the Government of Pakistan, Finance Division (Regulation Wing) to submit that the grant of Selection Grade does not amount to regular promotion under Section 9 of the Civil Servants Act, 1973.
5. On the other hand, the learned counsel for respondents submits that firstly the appeal was barred by time as no condonation can be allowed to a negligent appellant who approaches a wrong forum as law assists the vigilant and not the indolent and that ignorance of law is no excuse.
It is further submitted that the appeal before this Tribunal is not competent as it is not preceded by a departmental appeal or representation.
6. On merit, it is contended that the grant of BS-16 to the appellant although termed as Selection Grade was for all intents and purposes a regular promotion to BS-16 particularly when the appellant also claimed and received all his dues in accordance with his Last Pay Certificate in BS-
16. It is argued that the liability to pay the interest is a corresponding obligation of the appellant. It is further submitted that the question of commutation of interest on House Building Advance is 'to be reckoned on the basis of the basic scale of pay held by the Government servant at the time of the grant of House Building Advance. Whether the Government servant is holding the said basic scale of pay on substantive basis or otherwise is not relevant for the purposes of House Building Advance or liable to pay interest upon the same.
7. Arguments have been heard and record perused.
8. The appellant was granted Selection Grade BS-16 with effect from 19.05.1996 on regular basis as notified vide SOO No, 44 dated 30.11.1996. The appellant continued to hold the same until he retired from service upon his own request on 29.06.2003 as Stenographer BS-16. The appellant was allowed House Building Advance on 15.09.1997 amounting to Rs, 1,61,676/-. As noted above, the appellant was in Selection Grade BS-16 when the House Building Advance was sanctioned.
9. Para 5.66 to Para 5.68 of the DDO's Handbook deal with the general conditions for loan and advances made by the Government for the Govt. Servants. Under Para 5.68 simple interest at the rate fixed by Government should be charged on advances granted to Government servants for building houses. The interest is calculated on balances outstanding on the last day, of each month.
Under Para 5.68 (ii)(b) no interest will be charged from Government servants in BS-1 to BS-15 on House Building Advance sanctioned on or after 02.12.1978 or on an advance which is in the process of repayment on that date. The claim of the appellant is that the appellant was in substantive Grade-15 as a Stenographer and was only granted Selection Grade BS-16 and was thus not liable to be charged with any interest in accordance with the above noted para. It is submitted that the grant of Selection Grade is not a promotion from a lower to a higher post nor does it involve the performance of a duty of higher responsibility. He further relies upon Para 5.68 (ii)(c) ibid to submit that even if he was promoted to BS-16 after the sanction of the House Building Advance still no interest would be chargeable against him.
10.There is no dispute regarding the legal position that grant of Selection Grade to a civil servant is not promotion within the meaning of Section 9 of the Civil Servant Act, 1973. It is also correct that Selection Grade is only an extension of the basic scale of a civil servant and that it does not involve any change in the nature of duties or nomenclature of the post. These considerations however are not relevant when viewed in the context of the sanction of the House Building Advance more particularly with regard to the liability to pay interest thereupon. As per the record the House Building Advance was sanctioned in favour of the appellant on 15.09.1997 when the appellant was holding the post of Stenographer Selection Grande BS-16. The grant of House Building Advance is a fiscal matter and has to be dealt with accordingly. A reference to the provisions of the DDO's Handbook would show that no interest is chargeable from Government servants upon the House Building Advance who are in BS-1 to BS-15 on the date when House Building Advance is sanctioned to him. Admittedly the appellant' was in BS-16 at the relevant time and it shall not be relevant if he was holding that post through regular promotion or grant of Selection Grade only. This finds further strength from the provisions contained in para 5.68 (ii)(c) & (d) of the Handbook which are reproduced as under:-- "(c) In case a Government servant, who was in BPS-15 or below at the time when house building advance was sanctioned to him, if promoted to BPS-16 or above, no interest shall be charged from him. However, if the amount of advance is revised on the basis of his pay in BPS-16 or above interest will become payable under the normal rules/orders.
(d) In case a Government servant, who was in BPS-16 or above when house building advance was sanctioned to him is reverted to a post in BPS-15 or below, interest will be charged from him under the normal rules and orders".
11.It is specifically provided that if a government servant was in BS-15 or below at the time when House Building Advance was sanctioned to him, even if he was promoted to BS-16 or above, no interest shall be charged from him. Conversely according to sub para (d), if a Government servant who was in BS-16 or above when House Building Advance was sanctioned to him even if he is reverted to a post in BS-15 or below, interest will be charged from him.
12.The rationale of the above provisions is that the liability to Pay interest arises if a Government servant is holding a post in scale BS-16 or above and it is immaterial if he is holding the said post on substantive basis or by way of the grant of Selection Grade. The sanction of the House Building Advance is not dependent upon the nature of the duties performed by a Government servant in a particular scale. Being a monetary transaction only the sole consideration is the basic scale of pay in which a Government servant is placed at the time of the sanction of the House Building Advance.
13.In view of the above we are satisfied that the deduction made in respect of interest upon the House Building Advance does not suffer from any legal infirmity.
14.There is no merit in the appeal which is dismissed.
15.No order as to costs.
16. Parties be informed.