' S. ABDUL JABBAR KHAN (CHAIRMAN).-This appeal by Ramzan Ali Khan and twenty other Private Secretaries serving in the Lahore High Court seeks a declaration to the effect that they are entitled to the grant of four advance increments and, in this connation, assails the order dated 15th March, 1981 issued by the Secretary, Finance Department, Punjab, refusing the same.
2. The case of the appellants is that the Punjab Government allowed four advance increments on 15th January, 1981 to all Personal Assistants, Stenographers and Steno Typists as an incentive. As Private Secretaries, the appellants were not considered entitled to this benefit probably on the ground that in the administrative departments of the Government no Private Secretary is expected to perform Stenographic duties because a Personal Assistant or Stenographer is provided to the officers concerned for this purpose, and the incentive of four increments was meant only for those who take down dictation and do the subsequent typing work.
3. The parties were heard. They also filed written statements. The matter hinges on the appellant's claim that their duties as Private Secretaries attached to Judges of the High Court are different from those of Private Secretaries attached with Officers who, by virtue of their seniority, are entitled to such Secretaries. It was submitted on behalf of the appellants that two categories of Stenographers are attached to the Honourable Chief Justice and Judges of the Lahore High Court, viz. Private Secretaries and Judgment Writers-cum-Personal Assistants. The latter have been allowed the four advance increments on the basis of the Finance Department circular of 15th January, 1981, but the appellants have been refused the same on the ground that the concession is not meant for officials of their category but for only those doing stenographic work and placed in NPS-8 to NPS-14. According to the appellants, their main duty, unlike that of Private Secretaries to senior officers in the Secretariat and the field, is to take dictation and transcribe this dictation on the typewriter. The difference is conditioned by the difference in the functions of a High Court Judge and thereof a senior officer of the Government entitled to a Private Secretary. Since the concession is essentially for doing stenographic duties the appellants are entitled to it as much as Judgment Writers-cum-Personal Assistants are.
4. These arguments were hotly contested on behalf of the respondent Secretary Finance. It was submitted that the advance increments have not been allowed as the consideration for the ability to take dictation but on the fact that those found entitled to the concession are in a different class than the Private Secretaries and the two categories cannot be equated. It was further stated that the proposal to grant this concession to Private Secretaries to the Judges was considered in depth but it was not found possible to extend the concession to them. Moreover, it was contended that although Secretaries to Government and other senior officers have been provided with Personal Assistants for taking down dictation and doing typing work yet a Private Secretary is not absolved of this duty and if a Secretary desires his P. S. To take dictation the P. S. Is bound to do so. The point made was that the ability to take dictation is not the only criterion for grant of the concession of four increments, and that Private Secretaries are not immune from doing this duty, which they have to do if necessary, without enjoying the benefit of the advance increments.
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5. We have considered the matter thoroughly in the light of the duties of the appellants and of other Private Secretaries in the Punjab Government's administration. In fact, after hearing the parties and keeping in mind the work done by the Private Secretaries in general we feel that this issue has to be seen not in the light of the status and grade of Private Secretaries but the actual duties performed by the two broad categories of persons holding these posts. In other words it is usage and practice which must decide the issue. The two broad categories of Private Secretaries are the general run of Private Secretaries who are attached with Secretaries to Government, Commissioners and the like and the Private Secretaries provided to the Judges of the Lahore High Court. Now, as everyone sees and knows, the first category are these to look after the multitude of official and semi-official duties which necessarily form part of the functions of Secretaries, Commissioners, etc. Of which the least is taking down dictation. It is a rare P. S. Indeed who is ever asked to work as a stenographer ; be is so busy in other work, some of which is of a highly confidential nature ; although it is admitted that he cannot refuse if asked to do so. On the other hand, the P S availabe to High Court Judge is nothing but a glorified Judgment Writer cum- Personal Assistant, glorified by the fact of being in NPS-16. Otherwise, in the nature of his duties, as well as in the quantum of such duties, he is no different from the Judgment Writer. We are told, in fact, that these Private Secretaries are characterised by their capability and skill as stenographer and have no time from the load of daily stenographic work to be asked to do anything else. It is also to be noted that some of the Judgment Writers-cum-Personal Assistants now draw more pay than Private Secretaries by the fact of their enjoying the concession of four increments, and thus the appellant's confider as anomalous.
6. In view of the above we are of the opinion that the Private Secretaries to Judges of the High Court cannot be equated with Private Secretaries in general in the Punjab Government and that, therefore, they are entitled to a different treatment. Consequently, we accept this appeal and hold that the Private Secretaries to Judges of the Lahore High Court are entitled to the concession of four advance increments set out in the Punjab Government's letter of 15th January, 1981. There shall be no order as to costs.