S. ABDUL JABBAR KHAN (CHAIRMAN). --Mian Shan Ahmad, Principal, Government College of Commerce, Sargodha, has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, against the order, dated 27-7-1982. He has impleaded the Secretary to Government of the Punjab, Education- Department, Lahore as respondent.
2. By virtue of this appeal he has prayed that the impugned order be set aside and he be directed to grant the appellant the pay of the post in N.P.S.-19 from 1-8-1979 to 11-9-1981.
3. Brief facts of the case are that the appellant was transferred from Government Commercial Training Institute, Allama Iqbal Town, Lahore to the Government Commercial Training Institute, Sargodha, which was upgraded to the status of Government Commerce College and Class B.Com.
Had to commence immediately. The appellant was directed to make arrangement for starting the commerce class. The appellant made necessary arrangement after his arrival for starting B.Com.
Class and from 1-8-1979 to 11-9-1981. The appellant has been attending to this work. The appellant claims that he being holder of the post of upgraded college, should be allowed the pay of the post from 1-8-1979 to 11-9-1981, allowed to the Principal of the said college. The appellant made a representation to the respondent but the respondent has turned down his request on 8-6-1981.
Again representation was recommended for reconsideration by the Directorate of Technical Education but the respondent has turned down the request one again. This order has been communicated to the appellant on 27-7-1982. Hence this appeal.
4. We have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the department.
5. Learned counsel for the appellant has stressed on the point that as the appellant has been working from 1-8-1979 till 11-9-1981 on the post of Principal, Commerce College, a post of N.P.S.-19 he was fully entitled to claim the pay and 'other benefits attached to such post.
6. On the other hand learned District Attorney has submitted that the appellant was never appointed as Principal, Government Commerce College, but was only deputed to work of starting B.Com. Class. His transfer to the Government Commercial Training., Institute, Sargodha as Principal, was of a post of N.P.S.-18 and despite the fact that the college was upgraded from 1-8-1979, his status remained unchanged.
7. We have given our anxious thought to the arguments so advanced by the parties and after examining the record of this case, we find that infact the posting of the appellant was made against the post of NPS-18, when he was transferred to Government Commercial Training Institute, Sargodha. He was never appointed as Principal, Government College of Commerce, but was only asked to start B.Com. Class. The l mere fact that his appointment order does not show teat he was appointed` in N.P.S.-19, will not advance the case of the appellant any further. The factual position as transpired from the facts of the case is that the appellant's appointment was in N.P.S.-18 to the said Institution and when the said Institution was upgraded as Government College of Commerce his status remained unchanged.
8. In view of the above we do not find any merits in this appeal and proceed to dismiss the same on this score. However, there will be no order as to costs.
M.I.