SYED ARSHAD ALI, J.---Mehboob Sultan, Assistant Manager (Audit) seeks the constitutional jurisdiction of this Court praying that: "A. Direct the respondents to pay forthwith salaries, allowances and all other benefits of the posts of Deputy Director Accounts BPS-18, since 30.3.1998 with mark-up/interest till its realization, B. Be imposed special cost upon respondents by not resolving the matter till date, and/or C. Any other writ, order , direction deemed proper and just may also be issued/ordered/given".
2. Brief but essential facts of the case are that on 01.6.1978, the petitioner , joined the respondents, Forest Development Corporation "FDC" as Assistant in BPS-1 1. On 18.11.1987 he was promoted as Superintendent in BPS-16, whereas he was further promoted as Assistant Manager BPS-17 in the year 1991. Consequent upon termination of services of Mr. Muhammad Saleem Awan, the then Deputy Director (Accounts) Siran-Kaghan Forest Project Abbottabad through Golden Hand Shack Scheme on 30.3.1988, Mr. Meboob Sultan, Assistant Manager , the Petitioner who was then working in the head office of FDC was transferred and posted as Deputy Director Accounts (BPS-18) but in his own pay and scale in the said project through letter FDC/Admn/3137 dated 30.3.1998. The record further shows that the petitioner had been performing his duties in the project as Deputy Director BPS-18 till 30.6.2008. The respondents in their comments have claimed that the services of Mr. Muhammad Saleem Awan, Deputy Director (Accounts) were terminated through Golden Hand Shake in the year 1998. The petitioner , who was then working as Assistant Manager (Audit) in the BPS-17, was transferred and posted as Deputy Director (Accounts) in his own pay and scale in the Siran-Kaghan Forestry Project, Abbottabad vide office order No,FDC/Area Manager/3137 dated 30.3.1998. One of the cond itions of his posting as Deputy Director (Accounts) was that it would not confer any right of seniority or promotion on the petitioner in higher scale BPS-18. The petitioner accepted his posting on the said terms and conditions and worked against the said post till 30.6.2000 when the project was closed. Thereafter the petitioner was retransferred and posted in the head office in his own Grade i,e, BPS-17 till he retired from service with ef fect from 02.1.201 1.
3. The bald assertion of the respondent corporation that the petitioner held the post of Deputy Director till 30.6.2000 is without any documentary evidence whereas on the other hand, the petitioner has placed on file his pay fixation slip which shows that he held the position of Deputy Director in Respondents Corporation till, 30.6.2008. Now the moot question for determination before this court is whether the petitioner is entitled to the pay and allowance of the post of Deputy Director which he held from 30.3.1998 till 30.6.2008. We can find answer to this question in Islamic Republic of Pakistan v . Qazi Abdul Karim 1978 SCMR 289 , wherein it was held; "If an employee is promoted to officiate in a higher post, involving higher responsibility , he must be held to be entitled to the minimum pay of the grade of the said higher office."
4. The objection of the respondents that once petitioner has assumed charge pursuant to the order dated 30.3.1998, wherein it was mentioned that his posting as Deputy Director Accounts in his own pay and scale, he cannot approbate and reprobate is not legally tenable. There is nothing on record that it was the petitioner who had requested for the said post nor there is any assertion by respondents that the petitioner was not eligible to hold the post of Deputy Director . In Sh. Amar Maftoon v. Government of Punjab 1992 SCMR 1869 , it has been laid down "that Civil servant worked against post a higher grade and discharged functions of such post, which entitled him to the pay attached to the said posts. Incor poration of condition in civil servant's posting order that he was adjusted against his own pay and grade, would be inconsequential and not a bar for him to claim. higher grade pay. Civil Servant was, thus entitled to the pay of higher post during the period he worked against the same".
5. The aforesaid view has been reaffirmed and followed in Abdul Hamid and others v. Chief Secret ary, N.W.F.P. and others 1998 PLC (C. S.) 1468; Khursheed Anwar v. Province of N.W.F.P. through Chief Secretary and another 1999 PLC (C. S.) 225 and Abdul Sattar v . District Accounts Officer , Bahawalpur 2012 PLC (C. S.) 65.
6. In the light of above referred factual and legal position, we hold that the petitioner is entitled to draw the salaries and allowances in BPS-18 from 39.3.1998 till 30.6.2008. Accordingly this writ petition is allowed in the aforesaid terms.