' S. ABDUL HAMID CHAUDHRY (MEMBER).-- Manzoor Hussain Shah, Principial, Government Vocational Institute for Boys, Khanewal has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded Government of the Punjab through Secretary to Government of the Punjab, Labour Department, Lahore and Director, Manpower and Training, Labour Department, Lahore as respondents.
2. By virtue of this appeal the appellant has prayed that the impugned order, dated 8-1-1983 (Annexure 'H') be set aside. It has further been prayed that the appellant be made entitled to N.P.S.-18 since 1-4-1982 onward and he also be declared to have been appointed as Principal of Government Vocational Institute with all the benefits and rights accruing therefrom.
3. Brief facts of the case are that the appellant was appointed as Principal, Government Vocational Institute for Boys at Bahawalpur, in his own pay and scale, vide order, dated 3-9-1978 passed by the Director, Technical Education Punjab, Lahore. The administrative control of the Government Vocational Institutes was transferred from Education Department to the Labour Department in the year 1979. The appellant was transferred from Bahawalpur and posted as Principal, Government Vocational Institute, Sahiwal in his own pay and scale till further orders vide Government of the Punjab, Labour Department order, dated 1-7-1980. By Notification, dated 6-5-1982, effective from 1- 4-1982, the Government of the Punjab, Finance Department revised the National Pay Scale of Chief Trade Instructor, Government Vocational Institutes for boys, from Rs,500-50-1,000/50-1,250 (N.P.S.-17) to Rs, 900-501,150/60-1,750-100-2,250 (N.P.S.-17) and the Principal, Government Vocational Institute for Boys, National Pay Scale from Rs, 500-50-1,000/ 50-1,250(N.P.S.-17) to National Pay Scale Rs, 1,350-75-1,650/100-2,650 (N.P.S.-18). Consequently by another order of the Labour Department, Punjab, dated 8-1-1983, the appellant has been posted as follows: "Mr. Manzoor Hussain Shah, Chief Trade Instructor, Acting Principal, Government Vocational Institute, Sahiwal, is transferred and posted as Chief Trade Instructor, Government Vocational Institute, Khanewal against a vacant post. He will also take over the charge of D & D.0 of the office of Government Vocational Institute, Khanewal, from Mr. Shaukat Hussain Shah, Senior Trade Instructor."
' The appellant has claimed that as he has been working as Principal continuously since 1-4-1982, the date from which the post of Principal has been put in N.P.S.-18, vide above Notification of the Finance Department he be considered as regularly promoted in N.P.S.-18 from 1-4-1982 and paid as such. Hence this appeal.
4. We have heard the learned counsel for the appellant as well as the learned District Attorney assisted by the representative of the Department and have also perused the record of this case.
5. The learned counsel for the appellant has argued that the post of the Chief Trade Instructor, Government Vocational Institutes for Boys, the post originally held by the appellant and the post of the Principal, Government Vocational Institutes for Boys were in the same grade i,e, N.P.S.-17, having the same qualifications, when these posts were filled in by the Department on the recommendations of the Punjab Public Service Commission. The posts of Chief Trade Instructor and the Principal are borne on the same cadre and they are also at par as per West Pakistan Technical, Education Department (Gazetted Posts) Recruitment Rules, 1966. Thus, the appellant being a Chief Trade Instructor, could be posted against the equivalent post of Principal, Government Vocational Institute for Boys as these posts were at par interchangeable as per Rules.
It was pointed out by the learned counsel for the appellant that the Labour Department, has wrongly interpreted the amendment, dated 6-5--1982 of the Finance Department. According to this amendment, the appellant is entitled to the grade of N.P.S.-18, as allowed to the Principal's post because the post of Chief Trade Instructor is also at par/interchangeable with the post of the Principal. The learned counsel for the appellant has submitted that in view of these arguments and justification, the appellant be regularised in N.P.S.-18 from 1-4-1982 as per notification of the Finance Department referred to as above and paid as such.
6. On the other hand the learned District Attorney has submitted that the appellant has been posted as Principal Government Vocational Institute in his own pay and scale of Chief Trade Instructor and not on a regular basis hence he cannot claim to be regularised as such and paid in N.P.S.-18. In the amendment issued by the Finance Department, on 6-5-1978, the post of Chief Trade Instructor is in N.P.S.-17 while the post of Principal has been categorised in N.P.S.-18. As the appellant has been posted in his own pay and scale i,e,, N.P.S.-17, hence there is no justification for regularizing him in the higher pay scale of N.P.S.-18 and paying him in this higher grade.
7. We have given our anxious thoughts to the arguments of the parties and have also consulted the record in this case. We have already held in our detailed judgment in Case No, 409/1963 of 1982 and Case No, 410/1964 of 1982, relying upon the Judgment of Supreme Court of Pakistan reported as 1978 SCMR 289, Islamic Republic of Pakistan v. Qazi Abdul Karim and another, in which it has been held that a Civil Servant is entitled to the pay of the higher post to which he is appointed. The operative part of our above-mentioned judgment (para. 9) is reproduced below:- "In view of the above analysis of the case, we direct that the appellants be paid minimum pay as heads of the Department as permissible under the rules for the period from their joining as Heads of the Department in the year 1972 till they were regularly promoted as heads of Department in N.P.S.-18 in the year 1974."
' The case of the appellant is at par with our earlier judgment given in the above case as M/s. Allah Bakhsh Malik and A.R. Mirza appellants, employees of the Punjab Education Department in those cases remained working in their own pay and scale as head of the Departments from the year 1972 to 1974 till they were regularly promoted. The appellant has also been working as Principal, Government Vocational Institute in his own pay and scale.
8. In view of our earlier judgment, we direct that the appellant be paid minimum pay as Principal, Government Vocational Institute for Boys from 1-4-1982 onward, in N.P.S.-18 (Rs, 1,350-75-1,650/100- 2,650 as notified vide Finance Department No, FD-PC-24-13/78, dated 6-5-1982, for the period, the appellant has been holding/holds the post of Principal Government Vocational Institute for Boys in his own pay and scale, from 1-4-1982 onward.
' There will be no order as to costs.