S. ABDUL JABBAR KHAN (CHAIRMAN). --Mohammad Saleem Chughtai, Administrative Officer, Office of the Chief Engineer, Buildings Department, South Zone, Lahore, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Secretary to Government of the Punjab, Communication and Works Department, Lahore, and Secretary to Government of the Punjab, Finance Department, Lahore, as respondents.
2. By virtue of this appeal he has prayed that the impugned orders, dated 26-6-1984 and 24-7- 1984, be set aside and respondents be directed to allow Special Pay of Rs. 100 p.m. To the appellant w.e.f. 16-7-1983, the date of promotion as Administrative Officer.
3. Brief facts of the case are that the appellant joined service as Assistant in the office of former Secretary to Government of Punjab, Building and Roads Branch of P.W.D. Department w.e.f. 1-11-1952.
On integration of the various Provinces into the Province of West Pakistan from 14-10-1955, the Finance Department issued a general letter dated 15-12-1956, in which protection of Secretariat Pay Scales was given by the Finance Department to the officials who fell in the following categories: -
(1) Who were confirmed on or before 13-10-1955.
Or
(2) Who were officiating against permanent posts in clear vacancies on 13-10-1955; would be entitled to the following rights:
(i) Continue drawing higher Secretariat Pay Scales; and
(ii) Whenever they are promoted to higher posts in their regular line they would be entitled to Secretariat Pay Scales of such higher posts" to which they would have been entitled had they been appointed to corresponding Secretariat posts in their Unit of origin."
The term 'clear vacancies' was defined to include such temporary posts which had been in existence for 5 years or more on 13-10-1955. The appellant fell in category 2 and for that reason while he was promoted as Superintendent in the office of the Chief Engineer w.e.f. 17-8-1961, he was extended the protection and was allowed the Secretariat Pay. Scale of the post of Superintendent.
He was promoted as Administrative Officer w.e.f. 16-7-1983. He submitted an application dated 22- 9-1983 that since he had been given the protection of Secretariat Pay Scales, he was entitled to a special pay of Rs. 100 p.m. He also relied on the judgment dated 8-12-1972, delivered by Mr. Justice Nasim Hasan Shah, Judge, Lahore High Court at the relevant time in Writ Petition No. 141-S-70 in case of Mahmood Ahmad v Province of West Pakistan etc. And requested that according to the ratio of the said judgment he was entitled to the same benefit. The said application was rejected by the Finance Department vide their letter, dated 26-6-1984, which was conveyed to the appellant on 24-7-1984. 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 and have perused the comments of both Communication and Works Department and Finance Department.
5. Learned counsel for the appellant has submitted that as the appellant falls within category No. 2 of letter dated 15-12-1956 issued by the Finance Department itself, therefore, it would not lie in the mouth of the Finance Department to deny him special pay of Rs. 100 which that post carries with it.
It has been further submitted that the Secretary, Communication and Works Department respondent No. 1 has duly conceded in the parawise comments at para. 5 that the appellant occupied the post which was in existence for the last more than 5 years on the date of Integration whereas the Finance Department has denied the same, a denial which would not carry any weight as the service record of the appellant was with the Communication and Works Department and not with the Finance Department particularly when the same was produced before this Tribunal and was found to be correct.
6. On the other hand, learned District Attorney has adopted the comments of the Finance Department in extenso and has submitted that as the appellant did not fall within category No.2, therefore, he would not be entitled to Special Pay of Rs. 100 p.m. To which he has laid his claim.
7. We have given our anxious thought to the arguments advanced by the parties and have to determine whether the claim made by the Finance Department .That the appellant did not fall within category No. 2 was borne out by the record or not. We have examined the record and have satisfied ourselves that the statement made by the Communi--cation and Works Department that the appellant did fall in category No. 2 of the letter so mentioned above in the earlier part of our judgment issued by the Finance Department, is correct. In view of our A finding fully supported by the record of this case we have no hesitation to repel the argument of the Finance Department that the appellant would not be entitled to this claim as he did not fall in category No. 2 of their said letter.
8. The result is we accept the appeal, set aside the impugned orders and direct that the appellant be allowed Special Pay of Rs. 100 B p. m. From 16-7-1983, the date of his promotion as Administrative Officer.
However, there will be no order as to costs.
A. E. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.