1. ' MUKHTAR AHMED JUNEJO, J.---Federation of Pakistan has sought leave to appeal against a judgment dated 10-10-1993 delivered by the Federal Service Tribunal, allowing respondent Muhammad Anwar Chaudhary move over in BPS-18 with effect from 1-12-1987.
2. ' Respondent Muhammad Anwar Chaudhary joined Pakistan Railways as Apprentice Permanent Way Inspector on 23-6-1959. On 8-3-1966 he was promoted as Permanent Way Inspector in BPS-12.
3. On 1-5-1977 he was promoted as Sub-Engineer Way Grade-III in RNSP-16. He claimed move over to BPS-18 with effect from 1-12-1987 on the ground that he had reached maximum of the scale in BPS- 17 on 1-12-1986 and that he was promoted to BPS-17 on 31-5-1982. The respondent was not allowed move over to BPS-18 in spite of a circular Letter No,561-E/96-1(ACME), dated 26-1-1991 from the Divisional Superintendent, Pakistan Railways, Quetta laying down, on the basis of a decision by the Railway Board, Lahore vide their Letter No, 2/25/85-A-II, dated 5-12-1990, to the effect that move over to next higher scale was to be allowed to all the Federal Government employees inter alia in BPS-18 with effect from 1-12-1987. Hence the respondent invoked jurisdiction of the Federal Service Tribunal (hereinafter mentioned as 'the Tribunal') for redress, after sending legal notice on 27-12- 1992 to the General Manager (Personnel), Pakistan Railways Headquarters, Lahore, who replied the same on 14-1-1993.
4. ' Contesting the appeal, the petitioner took stand before the Tribunal that the respondent having been promoted to BPS-17 on ad hoc/acting charge basis was not regular promotee to BPS-17 and, as such, was not eligible for move over to BPS-18 with effect from 1-12-1987. Reliance was placed on page No, 658 of ESTACODE (1989 Edition).
5. ' Under the impugned judgment dated 10-10-1993 the Tribunal while accepting appeal of the respondent took view that a civil servant promoted on "Acting Charge Basis" is entitled to grant of move over to next higher grade when due for that. Hence this petition.
6. ' Ch. Fazal-i-Hussain, learned counsel for the petitioner, argued that the respondent was appointed to hold the post of Assistant Signal Engineer on current charge basis and was allowed additional pay equivalent to 10% of his pay, without his having been regularised in that capacity by the competent Authority although he was approved for promotion on acting charge basis with effect from 1-12-1987. It was next argued that the move over cannot be allowed to a Civil Servant holding a post on Acting Charge Basis. In support the learned counsel for the petitioner cited the case of Federation of Pakistan v.Azam Ali and others (1985 SCM R 386) where it was held that an ad hoc appointment cannot be treated as regular. Reliance was also placed on the case of Federation of Pakistan v. Shahzada Shahpur Jan (1986 SCMR 992) where leave to appeal was granted to examine question of law, whether an officer while working in higher grade but without any formal order of promotion to higher grade, was entitled to pay of higher grade from the date he was promoted to higher post with said higher grade, onwards alongwith increments falling due every year. Reliance was further placed on the case of Imdad Ali Khan v. Pakistan and another (PLD 1986 SC 349) where it was held that a transfer order posting a civil servant to superior post was not a promotion order though in substance it may be so.
7. ' The learned counsel for the petitioners drew our attention to page No,658 of ESTACODE (1989 Edition) where the criteria for move over has been given. According to said criteria, an employee seeking move over to Pay Scale 17, or 18, or 19, or 20 should be a regular member of the service, cadre of post concerned. It appears that there is some confusion about capability of a civil servant for move over and an authoritative decision by this Court is necessary to set at rest the confusion and misgiving about competency of the civil servants to claim move over.
8. ' We, therefore, grant leave to appeal. Status quo to be maintained.