' MUHAMMAD AYUB KHAN (MEMBER).---The appellant, a Stenographer, in the National Tariff Commission pay scale No,NT-1 equivalent to National Pay Scale B.15, applied for grant of Selection Grade but in the event of his failure to secure the remedy ultimately filed the present appeal in this Tribunal on 24-12-1997 which is found well in time.
2. The point involved in this appeal is purely technical one calls for no detailed scrutiny except mere technicality i,e, ommission of NT-I pay scale corresponding to Government National Pay Scale B.16 in case of Stenographer and likewise NT-II equivalent to NPS B.12 in case of Typist but in this respect the laudable ground-work made by the appellant and duly supported by the National Tariff Commission through its Chairman respondent No,1 as well as respondent No,2 Ministry of Commerce through its Secretary, did not bear fruit.
3. The National Tariff Commission owes its existence to the National Tariff Commission Act, 1990, section 18 of the which empowers the Commission to make Rules , "herein referred as Rules", with prior approval of the Federal Government. These Rules are called the National Tariff Commission Employee's (Service) Rules, 1995, Rule 3 (ii), reproduced below, can be interpreted an Omnibus, the owner of which requires neither any route-permit or licence in respect of the matters not provided in the Rules, and in that event all the relevant rules and orders applicable to employees of the Federal Government of equivalent status, grade and scales shall equally apply to the employees of the Commission:-- ' Rules 3(ii) "In all matters not provided for in these rules, the rules and orders applicable to Federal Government employees of the equivalent status, grade and scale shall apply to the employees of the Commission."
' Rule-II(iv) of the Rules, relating to "Promotion", reproduced below entitles the NTC employees to moveover/selection grade in the next higher scale in line with and on the conditions governing similar concessions for the Federal Government employees:-- ' Rule 11 (iv) "Moveover/Selection Grade to NTC employees shall be allowed in next higher scale in line with and on the conditions governing similar concessions for the federal Government employees."
' Schedule-I relating to "Designation and NTC Pay Scales," Stenographer and Stenotypist under head Non-executive have been placed in NT-I and NT-II equivalent to National Pay Scales 15 and 12 respectively per the said Schedule. These rules are self-explanatory and detailed in all respects except omission of NTC scale of Stenographer and Stenotypist correspondence to B.16 and B.14 of the Government National Pay Scale.
4. It is further to observe that Finance Division was pleased to agree and approve N.T. Pay. Scale from Serial Nos.1 to 8 vide its U.O.No,F.1(7)R-14/88-760, dated 14-6-1989.
5. The Government of Pakistan, Finance Division Regulation Wing under its letter No,1(45) Imp-11/87, dated 17-3-1991 circulated amongst all Minsitries/Divisions wherein:-- "The President of Pakistan has been pleased to enhance the posts of Stenographer Selection Grade B.16 from 25% to 33% with immediate effect."
' Vide Annexure-IV at page 35 of the file.
6. It will be appropriate to mention that the Government of Pakistan Ministry of Commerce (National Tariff Commission) took up the matter with the Finance Division by pointing out omission of NT Pay Scale-I and NT-II but replies received from the latter were based on routine practice, devoid of legal substance.
7. A careful perusal of the departmental appeal, dated 30-8-1997, sent through proper channel to the Secretary Finance Division, Respondent No,3 indicates a very just, proper and appropriate suggestion for insertion of NT-1-A, and NT-II-A, corresponding to B.16 and 14 National Scales of Pay previously omitted inadvertently from Schedule-I of the "Rules (Page-20 of the appeal file) as well as its approval by Finance Division U.O.No,F.1(7)R-14 of 1988-760, dated 14-6-1989 Annexure II page 26 of the appeal file. The replies received were misleading based on no cogent reasoning. Every order inclusive of executive must be speaking one (PLD 1988 Lah. I ):-- Replies:--
(i) "Rules may please be accordingly amended", vide, letter 21-5-1995 Annexure viii page 41;
(ii) "The case has been considered in this Division but it is regretted that it has not been found possible to agree to it" vide letter, dated 29-8-1996 Annexure X P.44 and lastly
(iii) "that Division has reiterated their earlier decision that the proposal may be taken up with the Pay Committee as and when constituted (vide, letter dated 1-12-1997 Annexure xvi p.53) ' which can better be interpreted as refusal but in a gentlemen way.
8. Respondents Nos.1 and 2 have not denied right of the appellant except respondent No,3 Scrutiny of the file reveals that except respondent No,1 none has filed the comments. However, the former has supported case of the appellant and similar other in NT-1-A and NT-II-A as per its comments at para.11(ii), page 85 relevant portion of which is reproduced below for correct appreciation of the issue involved in the appeal:- "The NTC again approached Finance Division vide U.O. Letter of even number, dated 28-10-1996 (Annexure v) that in case it was not considered possible even on reconsideration of the matter, for repercussions elsewhere, national NTC Pay Scales NT-I-A, and NT.II-A, were proposed to be approved by the Finance Division specifically for the purpose of Selection Grade. Therefore, it was requested to approve the grant of next higher scale to the Stenotypists/Stenographers as proposed in earlier correspondents or agree to the sanction of above proposed national Pay Scale to avoid any legal complication at a subsequent stage. But the Finance Division advised (Annexure VI) that the case may be taken with the Pay Committee as and when constituted. Later on the legal appeal of Mr. Arif Ali, Stenographer, appellant, dated 30-8-1997 was also forwarded to respondent No,3 through Respondent No,2. But respondent No,2 informed that Finance Division respondent No,3 has reiterated their earlier decision that the proposal may be taken up with the Pay Committee as and when constituted."
' It is further to add that rest of all the incumbents of other NTC Pay Scales such as Assistants, LDC's, UDC's have admittedly been allowed selection grades in the higher National Pay Scales except the Stenographers and Stenotypists in NT-I and NT-II due to omission as stated above.
9. Finance Division was pleased to agree and approve NTC Pay Scales at S.No,1 to 8 per its U.O.No,F.1(7)R-14/88-760, dated 14-6-1989 but the technical omission mentioned above also excaped its notice.
10. The Government of Pakistan, Finance Division Regulation Wing under its Letter No,1(45) Imp-II/87, dated 17-3-1991 circulated amongst all Ministries/Divisions wherein:-- "The President of Pakistan has been pleased to enhance the posts of Stenographer selection grade B.16 from 25% to 33% with immediate effect." ' vide annexure-iv at page 35 of the file. Admittedly all the Stenographers in Government Departments and Organizations have been allowed the said 33% selection grade from 17th March, 1991 except the their counter parts of the National Tariff Commission occurrence of all inadvertent omissions and commissions are excused, excepted and covered under the 'SAVING' rule 28 and Removal of Difficulties rule 30, both indicated below and these encouraged respondent Nos.1 and 2 who .Readily supported cause of the Stenographers and Stenotypists NTC:-- "28. Saving.--Nothing in these Rules or in any other rule shall be construed to limit or abridge the powers of the commission to deal with case of any employee in such manner as may appear to be just and equitable."
"30 Removal of Difficulties.--If any difficulty arises in giving effect to any of the provisions of these Rules the Commission may make such orders not inconsistent with provisions of these Rules as may appear to be necessary for the purpose of removing the difficulty."
11. There is neither any ambiguity nor legal flaw in the 'Rules' which otherwise are crystal clear except the ommission of NT-I and NT-II Tariff Commission Pay Scales corresponding to selection grade B.16 and B.14 admissible to Stenographers and Stenotypists in Government Departments/Organisations and in this respect there appears no other solution than the one offered and proposed at para.50) duly supported by respondent No,1 at Para.11(ii) of his parawise comments at page 85 of the file. There is no way out except its approval and adoption.
12. Technical justice at this modern Era of Awareness, amounting to negation of justice in face of candid/adequate supporting rule 11(iv) of the Rules, cannot be construed to hurdle the safe dispensation of justice. This controversy can better be rounded and ended up with a statement, {{URDU TEXT}}". Facts of the case did not either warrant or necessitate the controversy.
13. Pursuant to what has been discussed above and duly armed with rule 11(i) of the 'Rules', We, while trampling the mere technicality, accept the appeal with a direction that the proposed:- "NT-IA-Rs,2785-205-5860 equivalent to Government NBPS-16, Stenographer.
"NT-I1A-Rs,2220-170-4770 equivalent to Government NBPS-14 Stenotypist." ' shall be inserted in and adjusted at the relevant place in the National Tariff Commission Pay Scale (Schedule-1) (appended to the Rules) with no order as to cost, the matter being purely of technically nature.
14. Copy of the judgment be sent to all concerned for necessary action.