' SYED ALLY MADAD SHAH (CHAIRMAN).-- Appellant Mr. Lutfullah Khatri, a Quality Control Officer, Marine Fisheries Department Government of Pakistan, has preferred this appeal for 'move over' from BPS-to BPS-18 with effect from 1-12-1984 on the consideration of following facts.
2. The appellant was appointed as a Quality Control Officer in the Mari Fisheries Department on 1- 6-1963. He reached the maximum of pay in NPS-16 the year 1977. He was allowed 'move over' to NPS-17 with effect from 1-12-1989 In the year 1983, the Government of Pakistan introduced a new scheme known as "Scheme of the Basic Pay Scales and Fringe Benefits to Civil Employees of the Federal Government, 1983" vide Finance Division Office Memorandum No, F.1 (1)-Imp./83, dated 18th August, 1983. One of the features of the scheme is that `move over' was allowed in the cases of technical and professional categories upto BPS-20 as per Office Memorandum dated 18-8-1983.
The appellant reached maximum pay in BPS-17 on 1-12-1983. He claimed 'move over' to BPS-18 with effect from 1-12-1984. His representation therefor was turned down on the around that his case was not covered by the Finance Division Office Memo. Dated 18-8-1983, as per letter dated 21-2-1985 addressed to the Director-General, marine Fisheries Department, Karachi, from the Ministry of Food and agriculture. The appellant then made representation to the Ministry of Food and agriculture that the post of Quality Control Officer in the Marine Fisheries department may be treated as the post of technical category as envisaged under paragraph 6(c) of the Finance Division O.M. Dated 18-8-1983. His representation remained unresponded to. However, by Office Memorandum No, 421- .3(Imp.I)/85, dated 14-11-1985, the Finance Division took decision that the post f Quality Control Officer carrying Basic Pay Scale No,16 may also be considered a post in the technical category for `move over' under para. 6(c) of the Office memorandum dated 18-8-1983. The case of the appellant was reconsidered for over' to BPS-18. He was informed under Memorandum No, F.21/82- stt/3253, dated 30-4-1986 that since he had already earned one 'move over' rom BPS-16 to BPS-17 with effect from 1-12-1980, he was not entitled to another over' from BPS-17 to BPS-18. The appellant preferred departmental appeal on 29-6-1986. His appeal was rejected as per letter dated 29-6- 1989, addressed to the Director-General, Marine Fisheries Department, Karachi, from e Ministry of Food and Agriculture (Livestock Division), Islamabad. The letter as endorsed to him on 9-7-1986. He preferred this appeal on 9-8-1986. The respondents have resisted the appeal, contending that the appellant was not entitled to second 'move over' under the rules.
3. The appeal was argued by the learned counsel for the appellant with active assistance of the appellant. The respondents were represented by Mr. Niaz hmad Khan, Advocate, who was assisted by Mr. A. H. Faruqi, Administrative officer.
4. The decision of the issue involved in the appeal rests on the provisions of move over' contained in the Office Memo. No, F.1(1). Imp/83, dated 18-8-1983 d another Office Memorandum No, 421-R.3 (Imp.I)/85, dated 14-11-1985, copies whereof are Annexures A/5 and A/9. The appellant as well as the respondents have placed reliance on paragraph 6 of the Office Memorandum dated 18-8-1983 and para 2 of the Office Memorandum dated 14-11-1985. The relevant paragraphs are reproduced below:-- Office Memorandum No, F 1 1 Imp/83, dated 18-8-1983; ' The existing concession of move-over of employees from RNPS-16 to RNPS-17 (B-17) and RNPS-17 (B-17) to RNPS-18 (B-18) shall be extended upto B-20 and regulated as under:--
(a) The existing condition of the period of stay of three years at the maximum of pay scales B-16 and B-17 in the case of non-technical and non-professional categories shall continue to be applicable.
(b) No move-over beyond B-18 in the case of categories of employees mentioned at (a) above shall be permissible.
(c) The move-over in the case of technical and professional categories e.g. Doctors, Engineers, Educationists, Economists, Management Accountants, Scientists, Archaeologist, Geologists, Meteorologists, Experts of Agriculture, Animal Husbandry and Forestry shall be Permissible upto B- 20 without the condition of stay at the maximum for three years.
(d) Move-over shall be allowed in cases where an employees, who is otherwise considered fit for promotion to higher post, cannot be promoted for want of a vacancy.
(e) Normal promotion procedure as is observed in cases of promotion through the competent authority, e.g. Establishment Division/Selection Board shall be followed in allowing move-over to Basic Scales 19 and 20."
Office Memorandum No, 421-R.3(Imp.I/85, dated 14-11-1985.
"2. The posts in the Marine Fisheries Department for which prescribed qualification is M.Sc.
Zoology/Marine Biology are also covered under para. 6(c) of our O.M. Dated 18-8-1983. Similarly, the posts of Marine Production Officer Assistant Biologists, Quality Control Officer, Biochemist and Hydrologist carrying BPS-16 may also be considered technical for move-over under para. 6 (c) ibid.".
Both the parties have laid emphasis on the provisions contained in clause (c) of paragraph 6 of Office Memorandum dated 18-8-1983, which relate to the 'move over' in the case of technical and professional categories specified therein. The post of Quality Control Officer was not originally included in those categories. It was included in those categories under paragraph 2 of Office Memorandum dated 14-11-1985, reproduced above. It would appear that at the time the scheme of Basic Pay Scales and Fringe Benefits to Civil Employees of the Federal Government was introduced on 18-8-1983, the post held by the appellant was not included in the technical/professional categories. Whether the appellant was in non-technical category upto a particular stage and thereafter his post was brought under the technical categories, the question is whether he was entitled to second `move over' in either case. The concept of 'move over' was introduced under the scheme of National Scales of Pay and allied matters introduced with effect from 1-3-1972. At the initial stage, its benefit extended only to the Government employees placed in national scales of pay 1 and 2 and it was extended to the holders of other national scales of pay stage by stage. It envisages a rational monetary relief to those Government employees who were/are stuck up at the maximum pay scale of the post held by them. At no stage, second move over has been specifically provided for. In order to remove doubts, the position was clarified under Office Memorandum No, F.1(82)R3/85, dated 1-1-1986 (Annexure G to the written objections) that the employees shall not be allowed two successive move overs; with added clarification that if an employee having moved over to a particular scale is subsequently promoted to a post carrying the same scale, he may again become eligible for further move over. If more than one move overs were allowed, there could have been lot of complications in fixation of pay when the beneficiary of more than one move-overs is promoted to a post borne on the pay scale to which he had moved over first time and so on. The position of the technical and professional employees regarding move over was clarified in the guidelines on the subject issued under Office Memorandum No, F.I(63)R.3/85 (ii), dated 2-9-1985, wherein it was laid down as a criteria for move over that a technical and professional employee would be allowed only one move over from the scale of the post held by an eligible officer subject to his fulfilling certain requirements stipulated in the guidelines. Thus, the appellant did not have a case for seeking second 'move over' in any case. Therefore, the appeal has no merit and it is dismissed with no order as to costs.