ABDUL HAMID CHAUDHRY (MEMBER).-Messrs Muhammad Tahir, Ghulam Raza, Syed Aftab Hussain, Ghulam Sarwar, Muhammad Yusuf, Muhammad Siddique, Syed Mansab Ali Shah, Muhammad Bashir, Maqbool Ahmad, Manzoor Hussain, and Malik Muhammad Sharif have made this appeal to the Punjab Service Tribunal wherein they have impleaded, Province of the Punjab Local Government and Rural Develop--ment, Commissioner, Sargodha Division, Sargodha, Commissioner, Lahore Division, Lahore, District Council, Sargodha through its Chairman, District Council, Faisalabad through its Chairman. Municipal Cor--poration, Faisalabad through its Chairman as the respondents.
2. By virtue of this appeal the appellants have prayed that the respondents be directed to grant N.P.S. 15 to the appellants in accordance with the provisions of section 16 of the Punjab Civil Servants Act, 1974, the fixation of their salary in the aforesaid grade from the date of their appointment and to pay all the dues admissible to the appellants alongwith allowances after fixation their pay in the aforesaid manner.
3. Brief facts of the case are that the Punjab Government introduced a scheme for two years Medical Assistant Course in the year, 1974. The basic qualification for admission in the course was F.Sc. Medical and for the persons as dispensers at least 5 years service with Matric. The appellants who were working in various rural dispensaries opted fur training in this course and they qualified aforesaid Medical Assistant Course. On qualification of the Medical Assistant Course the following appellants were appointed by the Commissioner, Sargodha Division, Sargodha as Assistant Medical Officers as detailed below :----- The following appellants were' also appointed by the Commissioner, Lahore Division, Lahore as Assistant Medical Officers as detailed below :-
(a) Muhammad Tahir.
Ghulam Raza.
Syed Aftab Hussain.
Ghulam Sarwar.In their own pay scale No. 12 plus usual allowances admissible under the rules from the date of passing the Examination of Medical Assistant.
(b)Muhammad Bashir.
Maqbool Ahmad.
Manzoor Hussain.
Malik Muhammad Sharif.In their own pay and scale of Dispensers (NPS-5). No privilege of any extraallowance, etc. admissible. <p.m> </p.m> The proposals were also made by the concerned Commissioners to the Secretary Local Government & Rural Development Department, Punjab, Lahore, that these officials be allowed equivalent grade as being given in the Health Department keeping in view of their improved qualifi--cations; but same were rejected vide Government of the Punjab LG & RD Department, Memo. No. SOIV/PR-4(31)/80, dated 6-4-1982. Hence this appeal.
4. We have heard the parties. The learned counsel for appellants has argued that all the appellants had improved their qualifications and were appointed against the post of Assistant Medical Officers hence they were entitled for NPS-15 keeping in view their qualifications as the same grade was being given to the officials having equivalent qualifications in the Health Department. Though, the orders in the case of appellants Nos. 1 to 4 are quite clear as they were appointed against the post of Assistant Medical Officers in NPS-12, even then, they have not been paid accordingly on the wrong plea that they were appointed in their own pay and scale as Dispensers, which was NPS-5 and not NPS-12. Similarly, the other appellants (Nos. 5 to 11) though bad been appointed in their own pay and scale but as they had been working against the higher posts as Assistant Medical Officers, they also cannot be denied the pay scale of that post i. e. N. P. S.-15 on the principles of fair play, equity and justice. The appellants' counsel submitted and prayed that the respondents be directed to pay the appellants N P S 15 from the date of their appointment against the post of Assistant Medical Officer as they were entitled for the same. Rebutting, these arguments the learned District Attorney submitted that the appellants were appointed in their own pay and scale of the dispensers (NPS-5), hence they are being rightly paid in N.P.S.-5 and they cannot claim the payment for N. P. S.-12 or N. P. S.-15 as they are not entitled for the same according to their terms and conditions of their appointments as Assistant Medical Officers. Thus, there is no cause of any grievance and no injustice has been done with the appellants.
5. We have given our anxious thought to the arguments of the parties and have also perused the record of this case. We have also carefully gone through appointment orders issued by the Commissioners, Sergodha and Lahore Divisions. The appointment orders clearly show that appellants Nos. 1 to 4 were appointed in N P S-12 while appellants Nos. 5 to 7 in their own pay and scale and appellants Nos. 8 to 11 also in their own pay and scale (N. P. S. 5). There is no ambiguity left, if a reference is made to these appointment orders. As appellants Nos.1 to 4 were appointed in N. P. S.-12 hence they would be deemed to have been entitled for this scale i. e. N. P. S.-12, as this right had accrued to them in accordance with their term of appointments. This right also cannot be denied on the principle of locus paenitentiae. The Commissioner Sargodha Division, Sargodha vide his order dated 7-7-82 ordered the revision of pay scales of appellants Nos. 1 to 4 from N. P.
5.-12 to N. P. S -5, while they are still working as Assistant Medical Officers. This was not just and lawful order. Thus, this order is set aside.
6. The other seven appellants Nos. 5 to 11 were appointed in their own pay and scale, hence they have no entitlement or right to claim for higher N. P. S. Which was not in accordance with the terms and conditions e of their appointments:
7. Keeping the above analysis in view, the result is that the appeal of appellants Nos. 1 to 4 i.e. M/s. Muhammad Tahir, Ghulam Raza, Syed Aftab Hussain and Ghulam Sarwar is accepted. We hold that these appellants are deemed to be entitled for Pay. Scale No. 12, as Assistant Medical Officers from the date of passing the examination of Medical Assistant as per terms and conditions of their appointments ordered vide Commissioner, Sargodha Division, Sargodha, orders dated 1-1-80 and 3-2-80 ; till they continue to work as Assistant Medical Officers.
8. There is no justification for granting higher scale to the other appellants i.e. Nos. 5 to 11 namely, M1is. Muhammad Yusuf, Muhammad Siddique, Syed Mansab Ali Shah, Muhammad Bashir, Maqbool Ahmad, Manzoor Hussain and Malik Muhammad Sharif, and hence their appeal is rejected.
There will be no order as to costs.
Muhammad Yusuf.
Muhammad Siddique.
Syed Mansab Ali Shah.In their own pay and scale, no privilege of extra allowance, etc. admissible. <p.m> </p.m>