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1985 PLC (C.S.) 167

MUHAMMAD ASLAM MALIK vs ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

Citation1985 PLC (C.S.) 167
CourtPunjab Service Tribunal
Judge(s)Sardar Abdul Jabbar Khan, Abdul Hameed Chaudhry
ResultAppeal dismissed

' ABDUL HAMID CHAUDHRY (MEMBER).-- Muhammad Aslam Malik has made this appeal to the Punjab Services Tribunal, Lahore for issue of directive to the respondent to remove the words "current charge" from the order of his appointment as Section Officer in accordance with the orders of the Governor, Punjab. He has impleaded Additional Chief Secretary to Government of the Punjab as respondent.

2. Brief facts of the case are that appellant was appointed as Section Officer on "current charge basis" alongwith others vide S.&.G.A.D. Department No, S.O.S-VIII (S.&.G.A.D.)1-66/79, dated 28-2- 1982. The grouse of the appellant is that on his appointment as Section Officer on "current charge basis", he has been deprived of the legitimate right of the financial benefit of drawal of one advance increment of Rs,50 and annual increment due on 1st December, which is otherwise allowed to all those Section Officers appointed as such after their having been cleared from the Departmental Promotion Committee. As these orders on "current charge basis" have created hardship for the appellant, he has prayed that these orders be directed to be considered to have been made in officiating capacity so that he could draw the benefits. Hence this appeal.

3. We have heard the parties. It has been submitted by the appellant himself that his appointment as, Section Officer on "current charge basis" has created hardship to him and his appointment be revised as Section Officer in accordance with the orders of the Governor, Punjab.

4. Controverting the above plea of the appellant the learned District Attorney has produced the substituted order of the S.G.A.&.I. Department, dated 28-2-1982 through which the posting of Section Officers including that of Muhammad Aslam Malik, the appellant, has been substituted on "acting basis" instead of "current charge basis". It was thus submitted by the learned District Attorney that the needful has already been done as desired by the appellant and no further action is required.

5. We have given our anxious thought to the arguments of the parties and have also perused the record of this case. The summary was submitted to the Governor/M.L.A. By the S.G.A.&.I. Department to make stopgap arrangement for filling of some posts of the Section Officers. Para. 10 of the summary containing orders of the Governor/ M.L.A., Punjab, is reproduced as follows:- "10. Governor has observed as under:- "Will this not set a wrong precedent? Also will it not open up a Pandoras Box? Wouldn't the better course would be to make some kind of acting or officiating arrangements instead?"

' Thus it is clear from the above orders of the Governor/M.L.A. That acting or officiating arrangements were approved. The S.G.A.&.I. Department vide their substitute order, dated 28-2- 1982 endorsed vide their No, S-VIII(S.&.G.A.D)1(6)/79, dated 10th April, 1983, correcting their earlier order of "current charge basis" have issued the orders of the posting of these Section Officers, including the appellant, on "acting charge basis" as per approval of the Governor/M.L.A. On substitution of this order the needful has been done and there should be now nor grievance to the appellant.

5. Keeping the above facts in view, there is no merit in this appeal, which is dismissed as such.

' There will be no order as to costs.

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