' AJMAL MIAN,. J.---This is an appeal with the leave of this Court against the judgment dated 29-9- 1992 passed by the Punjab Service .Tribunal, Lahore, hereinafter referred to as the Tribunal, in Appeal No,293 of 1991 filed by the appellant claiming move-over from BS-17 to BS-18 with effect from 1-12-1989, dismissing the same.
2. Leave to appeal was granted to consider, whether the letter dated 2-3-1986 issued by the Government of Punjab, Finance Department, hereinafter referred to as the letter read with Rule 7 of the Punjab Civil Servants Pay Revision Rules, 1977, hereinafter referred to as the Rules, entitled the appellant to claim above move-over on the basis that he had completed more than six months' service after reaching the maximum of the pay in his grade.
3. The brief facts are that the appellant, who was a Secondary School Teacher at the relevant time, was allowed BS-17 on 1-7-1983. He reached its maximum on 19-2-1987 because of grant of three advance increments on account of obtaining higher qualification of M.Ed. He claimed move-over with effect from 1-12-1989 on the basis of the letter, but the department declined his claim on the ground that one clear year gap had not expired between the obtaining of the maximum of BS-17 and the date with effect of which the appellant was claiming. The above decision of the department was confirmed by the appellate authority. Thereupon, the appellant filed above service appeal, which was dismissed by the impugned judgment for the following reasons:-- "He submitted that words ' count for increment' were rather key words contained in the clause and that those could not be totally ignored. Since such interpretation has not been applied to any instance so far, we do not feel inclined to .Accept it. We' reiterate that a reasonable distinction between claiming an annual increment, --and seeking move-over in a higher scale had to be essentially maintained, and- it can be best reflected by providing a stay at the maximum of the lower scale for one complete year."
' After that, the appellant filed a petition for leave to appeal, which was granted to consider the above question.
4. In support of 'the above appeal, the appellant who has appeared in person, has repeated the arguments which he had advanced before the Tribunal, namely, that if the letter is to be read with Rule 7 of the Rules, the appellant was entitled to move-over with effect from 1-12-1989.
5. In order to appreciate the above contention, it may be advantageous to reproduce the relevant portion of the letter and Rule 7 of the Rules, which read as follows:-- "Extract from the letter: ' I am directed to refer to this department's letter of even number, dated 25th August, 1983, on the subject noted above, and to state that, in partial modification of the provisions of para. 5 of the aforesaid letter, it has been decided that the concession of move-over to the next higher pay scale shall be admissible to all civil employees of the Punjab Government in BS-16 to 19 without having to wait at the maximum of the pay scale for three years, with effect from 1st December of the year in which the employee concerned completes one year of such service at the said maximum as counts for increment under the rules. This will be subject to the following conditions:--
(i) All employees who reached the maximum of the scale on or before 1-12-1983 are eligible to the benefit of move-over with effect from 1-12-1984. However, arrears would not be admissible for the period prior to 1-12-1985 to employees other than those technical or professional employees referred to in the letter of 25-8-1983.
' Rule 7 of etc Rules: "7.Increments in the Revised National Pay Scales.--The increment in the Revised National Pay Scales shall fall due on the 1st day of December following the completion of at least six months' service at a state in the relevant Revised National Pay Scale."
6. A perusal of the above-quoted portion of the letter indicates that the Punjab Government through the decision recorded in the letter resolved that the concession of move-over to the next higher pay scale shall be admissible tr., all civil employees of the Punjab Government in RS-16 to 19 without having to wait at the maximum of the pay scale for three years with effect from 1st December of the year in which the employee concerned completes one year of such service at the said maximum as counts for increment under the Rules. It may further be noticed that Condition No,(i) provides interpretation of the above decision by laying down that all the employees who reached the maximum of the scale on or before 1 1?-1983 are -legible to the benefit of move over with effect from 1-12-1984. ##TSE## ' Whereas the above-quoted Rule 7 of the Rules provides that the increment in the raised pay scale shall fall Dee on 1st December following the completion of at lea.St six months' service at a stage in the relevant Revised National Pay Scale.
7. The above-quoted portion of the letter and Rule 7 clearly show that increment cannot be equated with move-over. For the purpose of claiming increment six months' service at a stage in the relevant Revised National Pay Scale was necessary but for claiming move-over, the period of three years was reduced to minimum period of one year by the letter. The above-quoted condition No,(i) is unambiguous and clear to indicate that in order to claim move over, civil employee concerned must have put in one year service It is true that lo the above quoted portion of the letter it has been provided that with effect from 1st December of the year in which the employee concerned completes one year of such year at the said maximum as counts for increment leek,- the rules". This does not, in our view, reduce the requirement of minimum period of one year for claiming move-over. It merely specified terminus a quo for the purpose of claiming move-over.
The above portion of the letter was subject to the. Conditions contained in sub-pares. (i) to (ix) and Condition No,(i) reproduced hereinabove as pointed out has clarified the factum that minimum one year service is required for claiming move over. If a civil employ)ee has not completed one year on or before 1-12-1983, he would not be entitled to move over from 1-12 1984 but would be entitled to the- same with effect from 1-12-1985, Howler, the appellant has referred to an unreported judgment of the Federal Service Tribunal, Islamabad, rendered in Appeal No,446(R) of 1993 (Ijaz. Hussain Malik v. Secretary, establishment Division and 2 others) on 20-2-1994 in support of his contention that move-over can be granted swing upon completion of service less than one year after reaching the maximum of the pay scale. The above judgment is distinguishable as the same did not involve the' interpretation of the letter or Rule which are involved in the present case.
The controversy in issue was not referred to or discussed. The aped was allowed for the reason that in an identical case, another civil servant was granted the benefit of the move-over though his period of service after reaching the maximum was less than one year.
8. The upshot of the above discussion is that the appeal has no merits, it is dismissed. However, there will be no order as to costs.