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K.L.R. 1990 Labour & Service 336

MUHAMMAD AKBAR SHAD vs CHAIRMAN, WAPDA, LAHORE,

CitationK.L.R. 1990 Labour & Service 336
CourtFederal Service Tribunal
Case No.Appeal No.145 (L) of 1981
Date1984-05-17
Judge(s)Shah Abdur Rashid, A. O. Raziur Rahman
ResultOrder accordingly

1. JUDGMENTJUSTICE SHAH ABDUR RASHID, CHAIRMAN:- This order will dispose of appeal No.l45(L)81 by Mohammad Akbar Shad, 146(L)/81 by Iftikhar Ali, and 157(L)/8l by Riaz Ahmad also.2. All the for mentioned appellants were appointed Senior Research Assistants and posted in the Mona Reclamation Project on different dates. They were in receipt of Survey and Investigation Allowance at the rate of Rs.100/- per month w.e.f. 16.6.77. The: appellants were then in NPS I6 but subsequently w.e.f. 18.6.78, their posts were upgraded to NPS 17 and they were designated as Junior Agriculture Officers. After the upgradation of the posts, the Survey and Investigation Allowance was stopped, which was hitherto paid to them, and no other comparable allowance for doing the Survey and Investigation work was paid to them. It appears that one of the employees who had similar grievance approached the Authority, praying that a sum of Rs.200/- as Survey andInvestigation Allowance be allowed to him, as he was holding the post in Mona Reclamation Project in NPS 17, equivalent to Junior Engineers. The Administration Wing of the Authority als'* initiated the case but the final decision of the Authority which was made on 8.4.81 allowed the appellants and others Survey and Investigation Allowance at the rate of Rs.200.00 per month w.e.f. 1.12.80. In the present appel, the claim of the appellants is that they are entitled to the said allowance w.e.f. 18.6.78, when their posts were upgraded and redesignated.3. Both parties have relied on para 13 read with annexure D to notification NoADF/BF&C/10-126/A, dated the 16th June, 1977, by which the revised National Scales and Allowances were introduced. On behalf of the appellants, it has been contended that, since they hold posts equivalent to those of Junior Engineers, they are entitled to Survey and Investigation Allowance of Rs.200.00. The case of the respondent, however, is that the said allowance could not be paid to them until amendment was made in annexure D and their designations were specifically inserted against serial No.(v).4. It is not disputed that subsequently the posts of the appellants were inserted in serial No.(v) and since then the appellants are in receipt of Rs.200/- as allowance. The learned counsel for the appellants has rightly argued that the Authority, by subsequent order, has recognized the appellants' claim and allowed them Rs.200.00 by making necessary amendments, but there is no justification for withholding the allowance for the period during which the amendment did not exist. In fact, the nature of work throughout remained the same and it was only the decision which took a long time. If the appellants were entitled from a later date, we fail to understand, why they should not be entitled to the allowance from the dates their posts were re-designated and upgraded.5. The result is that we accept these appeals and direct that the appellants be paid Survey and Investigation Allowance at the rate of Rs.200.00 per month, from the date when their posts were upgraded to NPS 17 and they were re- designated as Junior Agriculture Officers.6. Parties to be informed.

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