RANA RIFAT SAEED (MEMBER).---The learned counsel for the appellant has referred to his prayer made in the appeal as under:- "---------..It is respectfully prayed that the respondents may kindly be directed to decide the case of the appellant in accordance with the Civil Service Regulation 356, 422 and 423 and the last pay drawn by the appellant on 20-4-1988 may kindly be directed to be carried on for the period from 11-4-1988 to 16-2-1989 and onward for the purpose of fixation of future pay which is also the requirement of Fundamental Rule 22."
Precisely he has requested for fixation of pay plus increments w.e.f. 16-2-1989 allowing the benefit of increments for his earlier service rendered in B-15 (excluding intervening period w.e.f. 11-4-1988 to 16-2-1989 i.e. Reversion period during, which the appellant had worked in B-5). The appellant had again been promoted to BP-15 on 16-2-1989.
2. Since he has neither requested for counting this period towards seniority nor claimed the arrears for B-15 during this intervening -- reversion period, the period is condonable under Serial No. 30, Chapter -VIII --- Pension and Gratuity, Pages 812 and 813 of ESTACODE Edition 1989 and CSR 422 by the competent authority or by a legal forum. The arguments were also advanced that even if this period from 11-4-1988 to 16-2-1989 was blank i.e. The appellant had not served or it would have been E.O.L. (without pay), still the benefit of pay fixation for his earlier service rendered in B-15 with effect from 9-1-1984 to 11-4-1988 would have been countable under FR 26 in the same pay scale for pay fixation and increments etc. With effect from 16-2-1989, when he had re-started his service after reinstatement/promotion to B-15. FR 26(c) reads as under:-- "FR 26(c) If a Government servant, while officiating in a post or holding a temporary post on a time scale of pay, is appointed to 'officiate in another post or to hold another temporary post which does not carry less pay than the pay of his original post, his officiating or temporary service in that post shall, if he is reappointed to his original post, count for increments in the time-scale applicable to the original post. The period of officiating service in the other post to which the Government servant is appointed in an officiating or temporary capacity, which counts for increment in the original post, is, however, restricted to the period during which the Government servant would have officiating in the original post but for his appointment to the other post. This clause applies also to a Government servant who was not actually officiating in the original post at the time of .His appointment to the other post, bat who would have so officiated had he not been appointed to the other post:'
3. Under the rules quoted by the learned counsel for the appellant the departmental representative and the learned counsel are fully satisfied and have assured in the light of said rules to allow the appellant the benefits of pay fixation and increments for his earlier service rendered in BS-15 from 9-1-1984 to 11-4-1988 without claim of seniority and arrears.
4. The respondents' counsel has only raised the objection of limitation. It is undisputed that fixation of pay is a continuous wrong and no limitation runs in the circumstances of the case. Apart from this the original order was passed by Respondent No. 1 on 4-1-1993, against which the appellant preferred an appeal, which was rejected on 4-4-1993. Therefore, the appeal is evidently within time.
Also, in many appeals decided by the learned Federal Service Tribunal it has been assessed/held that claims pertaining to pay, allowances and pension etc. Do not attract limitation factor.
5. Under the circumstances and as mutually agreed by the parties, we accept the appeal to the extent that the service rendered by the appellant from 9-1-1984 to 11-4-1988 in B-15 shall count for fixation and increments with effect from 16-2-1989 after his re-promotion to B-15. The service rendered in reversion period from 11-4-1988 to 16-2-1989 or this blank period is condoned and shall not stand as a gap or bar to allow such benefits under the relevant rules. Ordered accordingly. No order as to costs.