AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 19-4-1995 of the Federal Service Tribunal, Islamabad, hereinafter referred to as the Tribunal, passed in Appeal No. 488(R) of 1994, filed by the petitioner claiming the pay as Kanungo while he was acting as such during the period commencing from 17-12-1989 to June, 1995, declining the same for the following reasons:-- "A bare reading of the above-referred office order would show that it was only a "Posting/Transfer" order and not a "Production/Appointment/Order. By this order the appellant as Patwari was transferred from the office of Kanungo in the Main Office to the office of Field Girdawari Halqa Sihala. It does not in any way give the idea that the appellant was entrusted with the duties of Kanungo to claim the higher pay of the post. In this view of the matter, the appeal is misconceived and is accordingly dismissed with no order as to costs."
The petitioner has, therefore, filed the present petition for leave to appeal.
2. In support of the above petition, Mr. Manzoor Ellahi Qureshi, learned A.S.C. For the petitioner, has contended that the above conclusion recorded by the Tribunal runs contrary to the judgment of this Court in the case of Sh. Amar Maftoon v. Government of the Punjab through Secretary, Education and another (1992 SCM R 1869), in which it has been held that a civil servant, who worked against a post of higher grade and discharged the functions of such post, was entitled to the pay attached to that post.
3. We are inclined to grant leave to consider, whether the view found favour with the Tribunal is in consonance with the law enunciated by this Court inter alia in the above report. Leave is, accordingly, granted.