1. MUNAWAR ALI KHAN (CHAIRMAN).----The appellant, Syed Mujahid Ali who is a Librarian, Government Technical High School, Jacobline, Karachi has filed this appeal with twin prayer, one for grant of either BPS-16 in pursuance of West Pakistan Education Department Subordinate Service (Collegiate Branch--Men Section) Rules, 1962 or BPS-15 in accordance with Basic Pay Scales 1983 effective from 1-7-1983, and two, for consequential back benefits.
2. As disclosed in the memo of appeal, the appellant's case is that he started his service career as Librarian in 1976. At the time of his appointment he possessed the requisite qualifications of being a Graduate of a recognised University with Diploma in Library Science as per item (3) of the Appendix to the 1962 Rules. Although the post of Librarian carried BPS-16 and BPS-17 depending upon the qualifications, his appointment was made in BPS-9. Even Mr. Jamil Akhtar whom the appellant succeeded as Librarian was drawing his pay in BPS-16. The post to which his initial appointment was made was one of the four posts which had already been placed at par with Librarian posts in Colleges for the purpose of pay vide Government Notification dated 17-11-1964. With change in pay scales, from time to time, the pay scale of Librarian was also changed, and ultimately the pay scales were revised in 1983 by Notification dated 27-8-1983. Under the said revision, the post of Librarian for High School was placed in BPS-15. In spite of the fact that the appellant's numerous earlier representations for allowing him the benefit of appropriate scale of pay went unheeded, he once again moved the authorities for grant of BPS-15, but his request was turned down by the respondent No. 3's letter dated 11-1-1986. Thereafter, he filed departmental appeal against the above rejection order. Since no decision was being taken on his departmental appeal, he filed Appeal No. 50 of 1986 before this Tribunal. But he withdrew the said appeal as he wanted to pursue the departmental appeal which was still pending. It was ultimately rejected by order dated 25-5- 1993, which was communicated to the appellant on 16-6-1993. Then he came up in the present appeal, which he filed on 15-7-1993.
3. Before opening of the arguments at the Bar, the learned AA.-G. Produced a copy of Finance Department's U.O. No. FD(SR-VI)1-38/93, dated 13th December, 1993 whereby the said Department had agreed to allow the appellant the benefit of BPS-15 with effect from 1-7-1983, subject to the condition that no payment of arrears would be made. The learned AAG interpreted the Finance Department's above U.O. Letter as having granted the relief sought by the appellant. Therefore he expressed the view that his present appeal had become infructuous and should be disposed accordingly. While disagreeing with the above interpretation of the learned A.A: G., the appellant's learned counsel contended that the F.D's. U.O. Letter had merely allowed partial relief to the appellant. The relief with regard to back benefits had been turned down, the learned counsel added. We have considered the arguments of both sides in the light of the appellant's prayer, which, as pointed out earlier, is two-fold. No doubt the appellant's prayer for BPS-15, has been granted vide Office Order No. DSW/Adorn-D/5401-07)/93, dated 20-12-1993 of Directorate of School Education, Karachi Region obviously based on aforesaid F.D's. U.O.No. Dated 13-12-1993, but his further prayer for consequential back benefits has been turned down. Since the appellant's claim for consequential back befits remained unsatisfied, the decision of this Tribunal would be needed on this issue. The learned counsel of both the parties have addressed us on the said controversy and we have also gone through the relevant record available in the case file.
4. As is clear from the Office Order of Karachi Directorate of Education, the appellant has been allowed the benefit of BPS-15, with effect from 1-7-1983. From the said date the Finance Department inter alia, revised the Basic Pay Scales of the Education Department vide F.D's. No. FD(SR.IV)1-4/82, dated 27-8-1983. Item 7 of Annexure 11 to FD's above O.M. No. Relates to Librarian serving in High School. It clearly shows that the said post of Librarian was placed in BPS-15. It is the appellant's own prayer that the said BPS be sanctioned to him with effect from 1-7-1983, which has obviously been allowed to him from the said date. However, his further prayer for consequential back benefits from the date, has been refused. On the contrary the said BPS has been given to him on the condition that he would not be paid arrears. So, the precise point for our decision would be whether the departmental refusal to pay arrears was justified.
5. There is no denying the fact that the appellant has been working as Librarian of High School from prior to 1-7-1983 from which he has been allowed the BPS-15, Thus, he fulfilled one of the two conditions on which the benefit of the said BPS was to be extended under the aforementioned F.D.'s revision of pay scales Notification dated 27-8-1983. The other condition laid down by the said notification was that the Librarian getting the above BPS-15 should be BA. With Diploma in Library Science. As disclosed in paras. 1 and 2 of `facts' of the memo of appeal, the appellant's claim is that at the time of his appointment as Librarian in 1976, not only he was Graduate with Diploma in Library Science but also subsequently in 1980 he acquired additional qualification of M.A. On perusal of the written statement, it would be seen that the appellant's above claim of his qualifications has not been denied. Obviously he was MA. With Diploma in Library Science on 1-7- 1983 when the appellant was allowed BPS-15 and as such the other condition with regard to the qualifications was more than satisfied in his case. It was also not denied by the learned AA: G, that the appellant had been performing his duties and functions as Librarian without any break or interruption right from the date (1-7-1983) he was given the benefit of BPS-15. In these circumstances e.g. See no justification to withhold the payment of arrears arising in consequent of allowing him the higher pay scale. When the learned AA: G. Was led upon to satisfy us if the F.D's. Refusal to pay the arrears was legally sound, he was constrained to concede that after allowing the appellant the BPS-15 from retrospective date, there was no justification to refuse him the arrears for the back period, particularly when he had been doing his duties uninterruptedly.
6. For the foregoing reasons the appeal is allowed with no order as to costs. The impugned order, which had already been partially superceded by the Office Order of Karachi Directorate of Education, referred to above, is set a side in respect of the remaining extent. As a result, the appellant shall get the benefit of BPS-15 with effect from 1-7-1983, and shall also be paid the arrears arising in consequence of allowing the said higher BPS.