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1982 PLC (C. S.) 668

ABDUL RASHID BHATTI vs SECRETARY, ESTABLISHMENT DIVISION AND 2 OTHERS

Citation1982 PLC (C. S.) 668
CourtFederal Service Tribunal
Case No.Appeal No. 1826(L) of 1978
Date1981-12-20
Judge(s)Muhammad Irshad Khan, A. O. Raziur Rahman
Resultorder accordingly

ORDER

1. ' MUHAMMAD IRSHAD KHAN (MEMBER).-The contention of the appellant is that he is an Assistant Accounts Officer (Grade-17) in the Railway Accounts Department. He was appointed to work in the capacity of Senior-Accounts Officer which is a Grade-18 post and has been working in that capacity since 5/77. His grievances are that the pay of the Grade-18 post to which he was appointed and the duties of which he has been discharging fully is not being paid to him by the department, and that his due seniority has not been given to him. The Counsel for the appellant, however, made a statement that in view of the judgment of this Tribunal in an identical case, he would not press the appellant's claim for seniority. The Departmental Representative and the Counsel for the Department have stated that the department is prepared to accept the claim of the appellant for payment of salary of Grade-18 to the appellant.

2. In the circumstances of the case, we feel that the appellant is entitled to the pay of the post to which he was appointed and which is being held by him on the basis of the well-settled principle that an employee should not be denied the pay of the post in which he is required to work even though he may not be formally promoted to the grade of that post. We, therefore, . Since the claim in respect of seniority has not been pressed, it is rejected.

3. ' No order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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