ABDUL QADEER CHAUDHRY, J.---The petitioner and two other officers, namely, Abdul Jalil Khan and Malik Muhammad Siddique of Military Lands and Cantonments Group in Grade 18 were selected on 24-3-1977 as Joint Secretaries in the Federal Secretariat Group in Grade 20. The selection was approved by the competent authority on 5-7-1977. Abdul Jalil Khan being the senior most was appointed to officiate as Joint Secretary on 4-7-1977 but the notification was later cancelled and he was posted in Grade 20 on 12-9-1977. Malik Muhammad Siddique who was junior to the petitioner was appointed Joint Secretary on 5-7-1977. The grievance of the petitioner is that though he was senior to Malik Muhammad Siddique but he was not promoted to the post of Joint Secretary or to any other equivalent post till 26-1-1980 when he was appointed to officiate as Joint Secretary in Grade 20. The petitioner requested the respondent for the payment of arrears of pay and allowances with effect from 14-7-1970 the date when Malik Muhammad Siddique junior to the petitioner had been appointed as Joint Secretary. The respondent informed the petitioner that ---- -----..His pay will be fixed after taking into account the period between the date of appointment of Malik Muhammad Siddique and his own taking over of charge towards increment" and further that " ....That he will get his seniority with reference to the date of appointment of his immediate junior Malik Muhammad Siddiq ....."
2. The petitioner filed an appeal before the Service Tribunal for getting the relief. The Tribunal dismissed the appeal holding that the petitioner could claim arrears of pay only if he had worked against the post of Joint Secretary during the period from 14-7-1977 to 28-1-1980. Alternatively, the respondent could have created a new job for the petitioner for the period in question so that he could be shown working against a Grade 20 post. The petitioner being aggrieved has challenged the judgment of the Federal Service Tribunal.
3. It has been contended that t e Tribunal has totally ignored the fact that the respondent had granted the petitioner all increments for the entire period intervening the date of promotion of the petitioner and his junior and allowed him seniority over his junior. Therefore a vested right had been created in favour of the petitioner who in fact had been virtually granted pro forma promotion which entitled him to the benefit of arrears of pay and allowances, as if he had worked on a higher post as it was not due to the fault of the petitioner that he was not appointed to a higher post.
Reliance is placed on Muhammad Athar v. Pakistan (PLD 1962 SC 367), Muhammad Ashraf v. Prov of West Pakistan (PLD 1973 Lah. 42) and Mazhar Hussain v. Govt. Of West Pakistan (PLD 1973 Lah. 56).
4. It has been further contended that in a similar case of M.S. Bhatti v. Secretary, Establishment Division, Mr. Bhatti was granted all the consequential benefits by the Service Tribunal. The point raised by the learned counsel needs examination. Leave to appeal is granted.