Moazzam Hayat, Member.--Appellant Sultan Ahmad Shams is a pensioner from the Ministry of Finance. He was promoted as Stenographer (BS-11) on 01.02.1982. His post was upgraded in BS-15 with effect from 01.07.1983. He was allowed Selection Grade BS-16 with effect from 16.12.1997. Finally he retired from service on 24.11.2007. The Government of Pakistan announced pay scales with allowances vide O.M. dated 05.07.2010. Medical allowance was allowed to the pensioners at the following rates:-- "From BPS 1 to 15 @ 25% of the pension.
From BPS 16 to 22 @ 20% of the pension.
2. Treating the appellant to be in BS-16 he was allowed medical allowance @ 20% of his pension. His claim is that he was substantially in BS-15, therefore, entitled to medical allowance @ 25% of his pension.
3. The appeal is resisted by the respondents. It is stated that the appellant had drawn last pay in BS-16, therefore, he Could not claim medical allowance as if he was in BS-15.
4. We have heard the learned counsel for the appellant. Mr. Muhammad Akram, Deputy Secretary and Mr. Farrakh, Assistant, Finance Division, Islamabad as departmental representatives. The record has also been perused by us.
5. The appellant was a Stenographer in BS-11. The post of Stenographer was upgraded to BS-15 with effect from 01.07.1983. With upgradation of the in BS-15 he had ceased to be in his old grade which no longer exists. However, the grant of Selection Grade (BS-16) to him with effect from 16.12.1997 did not change his status, nomenclature, designation, post and nature of his duties. He had in fact remained a 'Stenographer in BS-15. The grant of Selection Grade was not a promotion in stricto senso. It was merely an extension of pay. This position was clarified by the Finance Division itself in its O.M. dated 30.01.2010. By this O.M. certain clarifications regarding Selection Grade were made.
The point raised was as to whether the placement of a civil servant in Selection Grade meant promotion within the meaning of Section-9 of the Civil Servants Act, 1973. It was clarified that placement in Selection Grade was not promotion within the meaning of Scction-9 of the Civil Servants Act. 1973 since promotion always resulted in the change of nature of duties, status and nomenclature of the post. Thus this O.M. has confirmed our findings recorded above that the appellant had virtually remained a Stenographer in BS-15. With the grant of Selection Grade his status or post or nature 'of duties had not changed. As such he was entitled to medical allowance @ 25% of the pension admissible to pensioners retiring in BS-1 to 15.
6. The departmental representatives have submitted that the appellant had drawn last pay in BS-
16. According to them the appellant was entitled to grant of medical allowance as admissible to officials retiring in BS-16. We cannot accept this argument. The O.M. with regard to the new pay scales did not mention that the pensioners shall get medical allowance on the last pay drawn. On the other hand, the medical allowance was allowed on grades and not on last pay drawn. Thus the argument raised by the respondents is not relevant and is repelled.
For the above reasons the appeal is allowed. The respondents are directed to allow medial allowance to the appellant @ 25% of his pension with effect from 01.07.2010 since at the time of his retirement he was substantially and factually in BS-15.
8. There shall be no order as to costs.
9. Parties shall be informed accordingly.