1. ' N. A. CHAUDHRY (MEMBER).-Mr. Iqbal Hussain, the appellant, while serving as Deputy Chief Controller of Stores, Dry Port, Lahore, in Grade 19, was appointed to bold the charge of the post of Chief Controller of Stores, in Grade 20, on 29th November, 1976. He was permitted by virtue of a notification issued on the same date to exercise the full powers of the Controller of Stores. The appellant was transferred as Controller of Purchases, with effect from 9th May, 1977. This post was also sanctioned in Grade 20. The appellant continued to perform the duties of this post till 4th April, 1979.
2. ' The Railways Department did not pay him the full pay and allowances of Grade 20 post for all this period. The Railway Department have fixed his pay at the minimum of the time-scale of Grade 20, on the plea that the appellant was not actually promoted, but only performed the duties of the post. This action of the respondent department is based on the decision of the Ministry of Finance contained in their letter/ u. o. Note No, D. 268 R-4/80, dated the 26th April, 1980, the relevant portion of which runs as follows :- "He shall, however, not be eligible to draw any increments in the higher grade because he merely held the appointment and has not been promoted in accordance with the rules."
3. ' The appellant represented to the departmental administration on 2nd May, 1979 but failing to get the redress from them, even after the expiry of 90 days, he has filed the present appeal before the Service Tribunal on 2nd August, 1979.
4. ' During today's hearing, the learned counsel for the appellant made a reference to Appeal No, 16
(p) of 1976, Qazi Abdul Karim v. Auditor General of Pakistan, who was an officer of the Audit Department and while holding a Grade 17 post was called upon to perform duties of a Grade 18 post. He appealed to the Tribunal for full payment of pay of Grade 18 post for the period he worked on that post and his appeal was accepted by the Tribunal. This judgment of the Tribunal was further upheld by the Honourable Supreme Court. The learned counsel based his arguments on this judgment and argued that pay of the post means the pay in a time-scale as raised from time to time and the payment to Qazi Abdul Karim was made accordingly including the increments which had fallen due during the period of performance of duties of the post of Grade 18. The learned counsel further argued that the decision of the Ministry of Finance restricting the pay of the appellant on the minimum of the time-scale of Grade 20, is neither supported by any rule nor is it justifiable on any other ground.
5. ' The departmental representative briefly explained the Government point of view and had nothing further to add to the orders of the Ministry of Finance quoted above.
6. After hearing both the parties, we come to the conclusion that the restriction applied by the Ministry of Finance to the pay of the appellant to keep him for all the period from 29th November, 1976 to 23rd May, 1979 on the minimum of the time-scale eliminating the element of incremental increase is not supported by any rules. We have no hesitation to accept the normally understood definition of the pay of a post in an incremental scale to mean the pay as raised from time to time with the periodical increments. Had there been an efficiency bar operative during this period, the case might have been slightly different, but according to the admitted position, there is no efficiency bar operative at the stage the appellant claims the pay.
7. ' It is also an admitted position that the pay of the appellant has not been restricted under F R 35,, wherein the Government is competent to restrict the pay of an officiating officer under the personal orders of the President. In these circumstances, the appellant is entitled to full pay of the post in Grade 20 from 29th November, 1976 to 23rd May, 1979 under the rules framed and amended from time to time to regulate the pay of Grade 20, including the increments becoming due during this period as if he had been formally promoted and appointed to officiate in Grade 20.