Moazzam Hayat, Member.--Appellant Arif Khan was a Grade-18 Officer of the Accounts Group.
While working as Deputy Director (Audit) in the Office of Director General Audit (KPK), he was sent on deputation to District Lower Dir where he was worked as District Officer Finance and thereafter as Executive District Officer Finance (BS-19) in his own pay and scale. He filed an appeal in the KPK Service Tribunal but it was withdrawn so that appeal could be filed in this Tribunal. The appeal filed in this Tribunal was also returned for want of jurisdiction since it was held that the Federal Government had not been impleaded as a party and it was not responsible for payment of allowance to the appellant for working against higher post in the province. It transpires from the record that the appellant was compelled to file Writ Petition No, 3519/2010 in the Peshawar High Court. It was decided on 28.09.2011. The judgment dated 28.09.2011 was recorded by the Hon'ble Chief Justice Mr. Ejaz Afzal Khan. A direction was issued that the writ petition shall be treated as an appeal pending in this Tribunal.
2. The appellant has prayed that since he had worked against higher post on deputation, therefore, he be allowed 20% of pay as current charge allowance.
3. The appeal is resisted by the respondents. It is stated that the appellant was not appointed on current charge basis but was posted as Executive District Officer Finance in his own pay and scale, therefore, he was not entitled to 20% allowance.
4. We have heard the appellant, and departmental representatives of the respondents. The record has also been perused by us.
5. The notification issued on 06.03.2007 is quite relevant and is reproduced verbatim:-- "Government of NWFP Establishment & Administration Department Dated Peshawar, the 6th March, 2007.
NOTIFICATION No, SO(E-I)PAAD/11-22/07. The Provincial Government is pleased to order the postings/transfers of the following officers in the public interest with immediate effect:-- S#Name of Officer From To 1 Mr. Maqtool Ali Khan (BS-18 Coop Employee)EDO (F&P), MalakandEDO (F&P), Charsada in his own pay & scale.
2 Mr. Muhammad Arif (BS-18 Accounts Group)EDO (F&P), ShanglaEDO (F&P), Malakand in his own pay & scale.
3 Mr. Amir Nawab (BS-18 Treasury Officer)District Officer
(Fin) Swat.EDO (F&P), Shangla in his own pay & scale.
Chief Secretary Government of NWFP"
This notification clearly shows that the appellant had been appointed as EDO (F&P) Shangla in his own pay and scale. His this, posting was not made on current charge basis. As such he could not claim current charge allowance. However, it is conceded by the departmental representatives that the post of EDO(F&P) was in BS-19. It means that the appellant being in Grade-18, was directed to work against post carrying higher grade i,e, BS-19. In our view whenever a civil servant is given an assignment against a post having higher grade he is entitled to pay of that post. The order of posting in his own pay and scale carries no legal value. A civil servant working against a higher post, on the direction of the competent authority, is always entitled to pay of that post. The claim of the appellant for pay of the higher post is thus admissible under the rules.
6. The result is that the appeal of the appellant is allowed to the extent that he shall be given pay of BS-19 for the period he had held the post of EDO (F&P).
7. There shall be no order as to costs. Parties shall be informed.