SAIDUZZAMAN SIDDIQUI, ACTG. C.J.---The appellant was denied move-over from BPS-18 to BPS-19.
After exhausting departmental remedies, he preferred service appeal before the Federal Service Tribunal which was dismissed on the ground that the appellant had not put in 12 years' service in B- 17 as required under Office Memorandum dated 13-7-1986 issued by the respondents. Leave was granted in the case to consider the following contentions:-- "The learned counsel for the petitioner citing the relevant rules, submitted that where first appointment of a person was made in BPS-16 or below, one-half of the service shall be counted as service in B-17 for computing the length of service. He referred to para. 5 of the reply filed by the WAPDA wherein it was conceded that the previous service of the petitioner under the Punjab Government without any break will be counted as qualifying service for pension under WAPDA and that he shall be entitled to the benefit of earned leave as well from the date of his initial appointment under Government. He stressed that there is no reason why his initial service in Government cannot be considered for move-over when the Authority itself concedes its counting towards pension and other benefits."
2. Only appellant appeared in person at the hearing of the appeal. The respondents and their counsel remained absent. We have heard the appellant.
3. The appellant was appointed as Social Welfare Officer (BPS-16) in the Punjab Government on 24- 6-1967. He was later appointed as Labour Officer (B-16) in WAPDA on 10-3-1981 on deputation. He continued on deputation up to 3-5-1989. Respondent No,1 absorbed the appellant in its service on completion of his deputation period. On absorption in service, respondent No, I issued the following letter of appointment to the appellant: "Mr. Muhammad Akram Zaidi is hereby informed that he has been appointed/absorbed in Pakistan Water and Power Development Authority as Assistant Director (Legal and Labour) on the following terms and conditions with effect from the date of his assumption of duty as Assistant Director (L&L) in WAPDA: I. (a) Pay to be fixed by General Manager (Finance) Power's office in the Revised National Pay Scale No .17 viz. Rs, .900-50-1150/60-1750-10- 2250 .
(b) House Rent and other allowances as admissible from time to time under the Rules of Authority.
(c) Travelling allowance and leave at such rates as may be prescribed by the Authority from time to time.
(d) Provident Fund benefits with effect from the date of appointment as per Rules of the Authority.
(e) Medical facilities as admissible under the WAPDA Medical Attendance Rules as amended from time to time. II. Probationary period one year, in the first instance. If his work or conduct during his period of probation is found unsatisfactory the appointing authority may, notwithstanding that the period of probation has not expired, dispense with his services immediately without giving him any previous notice to the effect. III. He will be governed by such conditions of service as the Authority may, from time to time, prescribe. IV. The Authority may change his place of service or appointment, designation responsibilities or duties from time to time as it may think fit. V. (a) He will make a declaration in writing of all movable and immovable properties including shares, certificates, securities, insurance policies, cash and jewellery having a total value of Rs,10,000 (Rupees ten thousand) or more belonging to or held by him or by a member of his family individually or collectively as defined in "The Pakistan WAPDA Employees' Conduct Rules, 1978" within one month of his entering into WAPDA service; and
(b) The members of family according to "Pakistan WAPDA Employees' Conduct Rules, 1978" are as follows:--
(i) His wife/wives, real/step children residing with him and wholly dependent upon him.
(ii) Any other relation of WAPDA employee or his wife when residing and wholly dependent upon him. VI. He will be required to make an oath in writing in the form prescribed by the Authority for the purpose. VII. He will be required as the appointing Authority may decide from time to time, to serve the Authority anywhere in Pakistan.
VIII. His previous service (without any break) under the Punjab Government as a result of his absorption in WAPDA, will be counted as qualifying service for pension under WAPDA. The Punjab Government will share the pensionary liability for the period of service rendered by him under the Government in accordance with the Government of Punjab Finance Department's Circular Letter No,FD.SR.II-6-57/73, dated 24-1-1983 as confirmed by Secretary, Social Welfare and Zakat Department in his Letter No,S0(E)3-77/83-39/3 dated 21st March, 1983.
IX. The decision of the Authority to declare his previous service under the Government as qualifying in full or in part for the purposes of pension under WAPDA, on the basis of verification done by his parent department or through any other source as may be deemed fit by the Authority and after receipt of necessary credits on account of pensionary charges pertaining thereto shall be final. X.
He will be entitled to the benefit of earned leave from the date of his initial appointment under the Government.
2. Mr. Muhammad Akram Zaidi is directed to signify his acceptance in writing of the terms and conditions set out above by 4th May, 1983, and report to Chairman, AEB, WAPDA, Gujranwala."
' It is contended by the appellant that in terms of Condition No, VIII of his appointment, the previous service (without break) rendered by him under the Punjab Government as a result of his absorption was treated as qualifying service for pension under WAPDA. It is further contended by the appellant that according to Condition No, X of his appointment, he was also held entitled to the benefit of earned leave from the date Of his initial appointment under the Government. On the above premises the appellant contended that he was entitled to count the period of his service in BPS-16 with the Government of Punjab in terms of para.3 of 0.M.No,F.0.(B&F)/10-126/BPS-83/Vol. IV/9914- 10113 dated 13-7-1986 as service in B-17 for the purpose of grant of move-over to B-19. The contention does not appear to be without force. The Finance Division in its Office Memorandum No,F.1(1)-R.3/86, dated 15-6-1986 laid down the following procedure for the grant of move-over to BPS 18, 19 and 20: "2. Where initial appointment of a person already in Government service takes place, on recommendations of the Federal Public Service Commission, in a post in BPS-17, 18 or 19, the length of service may be calculated according to the following table: For move-over to: Requisite length of Service:
(a) BPS-18 5 years in BPS-17
(b) BPS-19, where initial appointment took place in:
(i) Scale 17 12 years in Scale 17 and above.
(ii) Scale 18 7 years in Scale 18
(c) BPS-20, where initial appointment took place in:
(i) Scale 17 17 years in Scale 17 and above.
(ii) Scale 18 12 years in Scale 18 and above.
(iii) Scale 19 5 years in Scale 19.
Note:--In those cases where initial appointments took place successively in various scales, whichever alternative in (b) or (c) is more beneficial, will apply.
(3) Where. First appointment of a person other than a person covered by proviso (2) was made to Government service in BPS-16 or below, one-half of the service in BPS-16 and one-fourth in BPS-15 and below may be counted as service in BPS-17 for computing length of service."
5. Respondent No, 1 in its Office Memorandum dated 13-7-1986 clarified the procedure for grant of move-over to BPS-18, 19 and 20 which is a verbatim reproduction of paras. 2 and 3 of Office Memorandum dated 15-6-1986 reproduced above.
6. Since the service rendered by the appellant with the Government of Punjab on his absorption in the service of WAPDA was counted as qualifying service for pension under WAPDA and he was also held entitled to the benefit of earned leave on the basis of such service, we do not see any reason why the service of appellant with the Government of Punjab in BPS-16 could not be counted for the purposes of grant of move-over to appellant to BPS-19 in terms of Finance Division's Office Memorandum dated 15-6-1986 and respondent No, 1's Office Memorandum dated 13-7-1986. The service rendered by the appellant in BPS-16 with the Government of Punjab works out to 13 years, 8 months and 15 days while his service with WAPDA comes to 2 years, 2 months and 4 days. Thus the total service of appellant in BPS-16 works out to 15 years, 10 months and 19 days. In terms of para. 3 of Office Memorandum dated 13-7-1986, the appellant was entitled to count 1/2 of his service in BPS-16, which comes to 7 years, 11 months and 8 days, as service in BPS-17. To this period if the service rendered by the appellant in BPS-17 and 18 is added, which works out to 6 years, 6 months and 16 days, the total qualifying service of the appellant in BPS-17 and above for the purpose of move-over to L'13S-19 works out to 14 years, 5 months and 24 days, whereas the required length of service in BPS-17 for move-over to BPS-19 is only 12 years.
7. We, therefore, hold that the appellant was entitled to move-over to BPS-19 on the basis of above calculation from 1990. The appeal is accordingly allowed and order of the Federal Service Tribunal is set aside. However, there will be no order as to costs as the respondents have not appeared and defended the appeal.