' IMTIAZ ALI KHAN, (MEMBER).--The appellant has filed this appeal claiming financial benefits with effect from 20-8-1991 when he was granted pro forma promotion vide order, dated 25-9-1997. The undisputed facts emerged from the pleadings of the parties are that the appellant filed Appeal No,39 (L) of 1998 for grant of pro forma promotion with effect from 20-8-1991 which was accepted by this Tribunal vide judgment, dated 25-2-1993. The Civil Appeal No,653 of 1993 filed against the above judgment was also dismissed by the Hon'ble Supreme Court of Pakistan through judgment, dated 26-3-1997, therefore, in pursuance of the aforementioned judgment the respondent- department through Office Order, dated 25-9-1997 granted the appellant pro forma promotion as Junior Engineer (Civil) with effect from 20-8-1991. The appellant was not paid the difference of the pay and allowances of the higher post from the date of pro forma promotion. The appellant preferred a departmental representation, which was not decided within ninety days statutory period; therefore, the present appeal was filed on 21-8-1998 for the above noted relief.
2. The appellant urged that he is entitled to the financial benefits/arrears of pay and allowances from the date when his right of promotion and seniority was recognized from 20-8-1991. This right has been recognized by the various judgments of this Tribunal and Hon'ble Supreme Court of Pakistan. Reliance was placed on the following judgments:-
(i) 1996 PLC (C.S.) 455; (ii) 1996 SCMR 1334 and (iii) 1998 SCMR 736.
3. In the written arguments reliance was further placed on other judgments, which are to the effect that in case of an employee who, for no fault of his own, is wrongly prevented from rendering service in the higher post to which he was subsequently found entitled should be given the salary of the higher post from the date when his right of ante-dated promotion was granted.
4. The respondents in the comments have not disputed the abovementioned factual position but it has been submitted that the appellant is not entitled to salary of the higher post for the period when he had not rendered servic, of the higher post.
5. The points raised in the appeal has already been decided not only by this Tribunal but also by the Hon'ble Supreme Court of Pakistan and it has been consistently held that a civil servant if granted pro forma promotion is entitled for the financial benefits of the higher post because he was wrongly perevented from rendering service in the higher post to which he was legally entitled.
The above noted judgments including those mentioned in the written arguments are on fours applicable the present case. The appeal is accepted and the respondents are directed to pay the appellant the financial benefits of the higher post with effect from 20-8-1991 when he was granted pro forma promotion. The appellant shall also be entitled to the consequential benefits.
6. There shall, however, be no order as to costs. Parties be informed.