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1999 PLC (C.S.) 746

MUHAMMAD HUMAYUN AFZAL vs FEDERATION OF PAKISTAN through

Citation1999 PLC (C.S.) 746
CourtFederal Service Tribunal
Judge(s)Gulbaz Khan, Aftab Ahmed, Roshan Ali Mangi
ResultAppeal dismissed

ROSHAN ALI MANGI (MEMBER).---The appellant who was an Audit Officer, was retired from service on 9-10-1994. While he was serving as Audit Officer he was granted move-over to (B-18).

Subsequently he was granted Selection Grade (B-18) with effect from 1-6-1992 and his pay was fixed at Rs,6,475 i,e, maximum of B-18. Thus, on grant of Selection Grade, according to the appellant, he was allowed only one increment, however, a premature increment on promotion was not granted to him. His pay was fixed in accordance with the Office Memorandum dated -17-11-1991, whereby a Government servant when he is promoted to a higher post falling in the same pay scale, his pay will be fixed by allowing only next stage equal to one increment. The claim of the appellant is that since he had already reached the maximum of B-18 and there was no further stage to grant premature increment, therefore, he requested to the Secretary, Finance Division to enhance the scale (B-18) by one or two more stages so that the pay of the appellant and similar others, deprived of this benefit could be accommodated as it has been done in the case of employees in B-18 to B-22, as per Finance Division's Office Memorandum dated 5-9-1991. But his request was not acceded to.

2. We have heard the learned counsel for the appellant as well as the representatives of the respondents department. We find that the appellant was granted Selection Grade (B-18) with effect from 1-6-1992 when he was already drawing pay in (B-18) by move-over. On grant of Selection Grade he was allowed next stage in the same pay scale (B-18) in terms of the Finance Division's Office Memorandum dated 17-11-1991, relevant part of which is reproduced below:- "in order to adopt a uniform mode of fixation of pay where a Government servant already drawing pay in a pay scale by virtue of selection grade, or, otherwise holding a lower post in the pay scale, is promoted to a higher post falling in the same pay scale, it has been decided to allow next stage equal to one increment in fixation of pay on promotion in such cases."

Thus, the pay of the appellant was accordingly fixed at Rs,6,475, which was A the maximum of B-18.

Since at the time of grant of selection grade, there was a short fall of one increment to reach at the maximum of B-18, therefore, he was granted one increment. One more increment is not admissible under the rules because he had already reached the maximum of B-18 and there is no more stage.

As regards the enhancement of stages in pay scales, it is the subject-matter of the Finance Division who revise the scale on the recommendation of Pay Commission. Once the scales are revised and approved by Government they cannot be enhanced/altered. As such we do not have power to adjudicate upon such matters. Even otherwise these two stages were allowed to the employees of B-18 to B-22 way back in 1991. Had the appellant any grievance he should have agitated against that at that time, but he remained indolent. Now it is too late to agitate. Since the issue has already died down, it cannot be re-opened at this stage. We, therefore, cannot give the appellant any relief in this regard.

3. For the foregoing reasons the appeal having no merit is dismissed. No order as to costs.

4. Parties be informed.

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