' ABDUL HAMID CHAUDHRY (MEMBER).-- Ch.Qamar Zaman, Watch and Ward Officer, Provincial Assembly of the Punjab, Lahore has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Deputy Secretary, Provincial Assembly of the Punjab, Lahore the Secretary, Provincial Assembly of the Punjab, Lahore, the Secretary, Government of the Punjab, Law Department, Lahore and the Secretary, Government of the Punjab, Finance Department, Lahore as respondents.
2. By virtue of this appeal, the appellant has prayed that the orders dated 22-2-1981 and 11-7-1982 of respondents Nos,1 and 2 be declared illegal, void and of no legal effect to the extent mentioned in his appeal. He has also prayed that the respondents be directed to include the post of Watch and Ward Officer as Assistant's post for the purpose of upgradation of 20% of Assistants posts to NPS-14, taking the total number of posts of Assistants/Watch and Ward Officers as 18 instead of 17, and accordingly allow the appellant NPS-14 w,e,f, 11-1-1981 fixing his pay in accordance with the Punjab Civil Servants Pay Revision Rules, 1977 from the same date and pay him the arrears of pay and allowances so accrued.
3. The gist of this appeal is that the appellant had been approaching respondents Nos,1 and 2 to include the post of Watch and Ward Officer, held by him in the total posts of Assistants for calculation of placement of posts of Assistants in NPS-14 as per provisions of the Service Rules.
Accordingly the appellant's claim is that on the inclusion of the post of Watch and Ward Officer in the total posts of Assistants for calculation of placement of posts of Assistants in NPS-14 in pursuance of Finance Department Notification No,FD-PC-16-22/72, dated 21-1-1981, 4 posts of Assistants/Watch and Ward Officers are to be placed in NPS-14 with effect from 1-11-1981(20% of the total posts of Assistants/ Watch and Ward Officers). He was the fourth in the combined seniority list of Assistants/Watch and Ward Officers and should have been placed in NPS-14 alongwith 3 Assistants from 1-11-1981 as ordered vide order, dated 22-2-1981 by respondent No,1 (Annexure 'A').
4. However, during the pendency of this appeal, respondent No,1 has placed the appellant in NPS-14 and promoted him in NPS-14 vide order dated 5th May, 1983, w,e,f, 30-4-1983.
5. We have heard the parties. The appellant's counsel has pointed out that the departmental authorities have conceded partially to the request of the appellant by allowing him NPS-14 from 30-4-1983 vide order dated 5-5-1983. Actually, the appellant is entitled to be placed in NPS-14 from 1-11-1981 as per advice of the Finance Department contained in their letter No,FD-PC-40-4/82, dated 20-3-1983. It has been prayed by the appellant's counsel that the respondents be directed to place the appellant in NPS-14 from 1-11-1981 instead of 30-4-1983.
6. On the other hand, the learned District Attorney assisted by the representative of the Department has submitted that whenever the advice was given by the Finance Department on this issue, the appellant's case was placed before the Departmental Promotion Committee and on its approval the appellant was promoted and placed in NPS-14 from 30-4-1983. Thus, he has already been promoted and placed in NPS-14, from due date.
7. We have perused the record of this case and find that the Finance Department vide their letter No,FD-PC-40-4/82, dated the 20th March, 1983, has issued the advice as follows:- "I' am directed to refer to the subject noted above and to say that since the Service Rules for the post of Watch and Ward Officer under the Provincial Assembly bracket the same post with that of Assistant in the Provincial Assembly there is no need to revise the entries of Watch and Ward Officer under the Provincial Assembly in the Schedule appended to Pay Revision Rules, 1977. As such, the post of Watch and Ward Officer shall have to be included in the total posts of Assistants for calculation of placement of posts of Assistants in N.P.S. 14.
' On receipt of this advice, the respondent No,1, vide order dated 5-5-1983, has placed/promoted the appellant in N.P.S. 14 from 30-4-1983 i,e, the date of approval of the promotion of the appellant by the Departmental Promotion Committee. The above advice of the Finance Department is quite clear and it makes eligible the appellant, Watch and Ward Officer, to be included in the total posts of Assistants for calculation of placement of posts of Assistants in N.P.S. 14 from the date, the Assistants were promoted and placed in N.P.S.
14. Accordingly, the respondent No,1, vide his order dated 5-5-1983, has placed 4 posts of Assistant/Watch and Ward Officer in N.P.S.
14. Thus, the appellant is entitled to be placed in N.P.S. 14 from the date his colleagues, 3 assistants were placed in N.P.S. 14 i,e, w,e,f, U-1-1981, as he was the fourth in the combined seniority list of Assistants/Watch and Ward Officers.
8. The upshot of the above analysis is that the appellant is also entitled to be placed in N.P.S. 14 from 11-1-1981 alongwith 3 Assistants as per order dated 22-2-1981 issued by respondent No,1 and accordingly, the appellant is directed to be placed/promoted in N.P.S. 14 from 11-1-1981.
' There will be no order as to costs.