ALLAH YAR KHAN Versus MANAGING DIRECTOR, PAD & SC, LAHORE

The decision dated 13‑7‑1985 recorded by the learned Presiding Officer, Punjab Labour Court No. 1 Lahore has been challenged, whereby the grievance petition of the appellant for direction that he be paid the wages of the post of Accounts Officer on which he was working, was dismissed.

2. The appellants substantive post is of Accountant. He was made to work as Accounts Officer in stopgap arrangement with the direction that he would draw pay of his substantive post of Accountant. He had worked for about 2‑1/2 years when he brought the grievance petition. It has been argued that the appellant is entitled to get pay of the post on which he is actually working. There is no right guaranteed by any law, settlement or award. A person promoted to a higher post is entitled to get pay of that post but not otherwise. The appellant was not promoted but was only made to discharge the duties of Accounts Officer. If he had been promoted in officiating capacity, he would have been entitled to an allowance. It was clearly mentioned in the order, by which the appellant was directed to work as Accounts Officer, that he would get pay of his substantive post of Accountant and the appellant without any protest or objection accepted to work so. Since he agreed to work on the higher post and to get pay of his substantive post, he is debarred from claiming pay of the higher post. In Railways there are instructions that if an employee has been made to work on a higher post and has worked on the said post for three years or more, he alongwith the post be confirmed but firstly the respondent has not issued any such instruction and secondly in Railway cases the incumbent is allowed the pay of higher post. There being no provision of law, the appellant cannot claim wages of the higher post. If he is no longer willing to work on the post of Accounts Officer, he may refuse to do, but cannot claim as of right the pay of that post. His petition was thus rightly dismissed.

3. As a result, the appeal fails and is consequently dismissed.

A.E./1518/Lb.P

Appeal dismissed.