' SYED ALLY MADAD SHAH (CHAIRMAN).--- Appellant Mr. Kausar Khan is an officer of the Inter- departmental Cadre of the Accounts Group. He was appointed as Group Officer carrying BPS-17 with special pay at 10% and he was posted in the Military Accounts Department with effect from 2- 9-1986. He was then drawing pay in BPS-18 by way of move over from the maximum pay of BPS-17.
He reached the maximum pay of BPS-18 on 1-12-1987. He was appointed as Deputy Accountant- General (BPS-18), on acting charge basis with effect from 4-1-1989. His special pay was discontinued on the ground that it was admissible only to Grade-17 officers. His pay was reduced by Rs, 460 per month which ultimately caused him loss in drawing pension and other benefits. He made representation dated 13-8-1988. His case was recommended by the Auditor General of Pakistan. However, the finance Division did not agree to allow him special pay and such decision was conveyed under U/O No, F.1(5)R.3/89-979, dated 9-8-1989. He submitted departmental appeal to the President of Pakistan on 7-9-1989. Awaiting decision on his appeal for more than 90 days, he preferred this appeal on 26-12-1989, with the prayer that the respondents may be directed to allow fixation of his pay at a stage next above the aggregate of pay in BPS-18 plus special pay from the date of his promotion viz. 14-1-1989.
2. The grounds urged in the memo of appeal are that the appellant was drawing pay at the time of his promotion to BPS-18 with effect from 14-1-1989 at Rs, 4,660 and special pay of Rs, 466 and his pay should have been fixed at a stage next above the pay he was drawing at the time of promotion and added by special pay. He has next contended that by refusing him benefits of special pay on his promotion to BPS-18 his juniors stood placed in advantageous position financially. He has made grievance that his representation was rejected without assigning any reasons and his departmental appeal had not been decided.
3. The respondents have resisted the appeal contending inter alia, that it is not only time-barred but is also not maintainable. They have stated on factual merits that the appellant was inducted into BPS-18 (Inter-departmental Cadre) of the Accounts Group with effect from 26-11-1987 and he was appointed on acting charge basis to the post of DCMA with effect from 14-1-1989 and on regular basis with effect from 15-1-1990. Referring back to the entry of the appellant in the Military Accounts Department, they have stated that he, on transfer from CMP Lahore, reported for duty in CMP (FC) on 2-9-1986 for appointment as Group Officer (BPS-17) and was allowed special pay at 10% as admissible under the rules. They have further stated that post of Group Officer is held by an Assistant Controller of Military Accounts (ACMA) in BPS-17, and not by a Deputy Assistant Controller of Military Accounts (DACMA) (BPS-17); but in case an ACMA is not available for appointment to the post of Group Officer, the seniqr most DACMA available at the station is appointed to discharge the functions of the Group Officer until ACMA is available, and he is allowed special pay at 10% of his pay as per Government orders contained in the Ministry of Finance (Military) Letter NoAccts/AN/68/63/2574, dated 26-10-1964. They have also stated that on the appointment of the appellant as a Group Officer, he was only a DACMA and he was allowed special pay at 10% as per rules. According to them, the appellant lost benefit of his special pay on his promotion as a DCMA (B-18) with effect from 14-1-1989 as the special pay was admissible to only a DACMA and appointed as a Group Officer. They have also stated that the appellant's claim for special pay was examined in the Finance Division but it was not found admissible and his representation was turned down and he has no case on merits.
4. The facts in the background are not disputed. The issue in dispute is that of admissibility of special pay drawn by the appellant while serving as a Group Officer in BPS-17 on his appointment to BPS-18. Benefit of special pay to DACMA working against the post of Group Officer was granted under Ministry of Finance (Military) Letter NoAccts/AN/68/63/2574, dated 26-10-1964, a copy whereof has been filed as Annexure R-12 to the written objections, It is reproduced hereinbelow:-- No, Accts/AN/68/63/2574 Govrnment of Pakistan Ministry of Finance (Military)
Karachi, dated the 26th October, 1964 ' From: ' M.R. Qureshi, Esqr, Asstt. Financial Advisor, ' Ministry of Finance (Mily) Karachi.
' To ' The Military Accountant General, Rawalpindi.
' SUBJECT: GRANT OF SPECIAL PAY TO DACMA working against the posts of Group Officers: ' Sir, ' I am directed to refer to your Letter No, 336/AN/236-III dated 1-11-1963, on the above subject and to convey the sanction of the President to the grant of Special Pay equal to 10% of pay to a Senior ' DACMA when appointed as Group Officer, against a sanctioned vacancy of a Group Officer.
Your obedient, servant, (Sd.)
M.R. QURESHI, ASSISTANT FINANCIAL ADVISER."
' It was in pursuance of that order that the appellant was allowed special pay at 10% of his pay on his appointment as Group Officer. The respondents have stated that the post of Group Officer was meant for ACMAs in BPS-17 and DACMAs in BPS-17 were appointed as Group Officers only when the ACMAs were not available and they were allowed special pay at 10% of their pay for the obvious consideration that they had to discharge higher responsibilities which were to be ordinarily discharged by the ACMAs. This view is deduced from a Confidential Letter of Military Accountant- General No,336-AN/236- III, dated 1-11-1963 addressed to the Ministry of Defence (Finance) Karachi, a copy whereof was placed on record at the hearing of the appeal. The appellant did avail of that benefit until he was DACMA (BPS-17) and it was discontinued on his appointment on acting charge basis as Deputy Accountant General (B-18) vide order dated 14-1-1989. This was the crucial stage where the dispute over payment of special pay arose. It is, therefore to be considered what is the impact of the appointment on acting charge basis. Rule 8-B(1) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 provides that where the appointing authority considers it to be in the public interest to fill a post reserved under the rules for departmental promotion and the senior most Civil Servant belonging to the cadre or service concerned, who is otherwise eligible for promotion does not possess the specified length of service, the authority may appoint him to that post on acting charge basis. Rule 8-B(3) provides that in the case of a post in Grade-17 and above, reserved under the rules to be filled by initial appointment, where the appointing authority is satisfied that no suitable officer of the grade in which the post exists is available in that category to fill the post and it is expedient to fill the post, it may appoint to that post on acting charge basis the senior most of the officer otherwise eligible for promotion in the Organization, cadre or service, as the case may be, in excess of the promotion quota. It is provided under sub-rule (6) of Rule 8-B that acting charge appointment shall not amount to appointment on promotion on regular basis for any purpose . Including seniority. Thus, the promotion on acting charge basis is made to meet certain eventuality and it does not confer on promotee the status of a regular promotee. It is provided under Finance Division O.M. No, 1/9/81-R.II (B), dated 12-1-1981 that a civil servant on appointment holding a post on acting charge basis shall assume full duties and responsibilities of the post and exercise all statutory, administrative and financial powers vested in the regular incumbent of the post; and during the period of such appointment, be entitled to draw fixed pay equal to the minimum stage of the pay at which his pay would have been fixed had he been appointed to that post on regular basis. It follows that the appointment on acting charge basis does not entitle the . Appointee to the full benefits of the higher post he is appointed to on acting charge basis. That being the case, the appellant who was posted as DCMA (LC) vide order dated 14-1-1989 and assigned the duty of Group of AN, Fund, Store and Record Sections as per order dated 15-1-1989 was entitled to continue drawing the special pay at least until he was regularly promoted to BPS-18. It was stated at the hearing that the appellant was regularly promoted as DCMA on 15-1-1990 and he retired on superannuation on 22-9-1990. The appellant was thus entitled to draw special pay until 14-1-1990 he held the post of DCMA on acting charge basis. The appeal is allowed to that extent with no order as to costs.