LMTIAZ ALI NAQVI Versus MANAGING DIRECTOR (P), WAPDA

MUHAMMAD IRSHAD KHAN (MEMBER). ‑ The appellant then an Accountant (Grade‑17) was appointed as Senior Officer (Adorn.), a post of Grade‑18 vide Office Order, dated 8th February, 1979 wherein it was also mentioned that he was so appointed in his own pay scale and without any extra remuneration. He worked as such till 18th October, 1981. He represented to the Department for payment of the salary of higher post to which he was appointed as aforesaid. In support of his claim he cited the judgment of the Honourable Supreme Court in the case of Islamic Republic of Pakistan v. Abdul Karim (1978 S C M R 289). His claim was however, trot accepted by the respondent‑department, hence this appeal.

2. The greatest stress was laid by the learned counsel for the respon dent‑department on the stand that the appellant was never promoted to the post of Senior Officer (Adorn.) and he was only posted as such in his own pay scale and without any extra remuneration. It is well‑settled by now that even if without formal promotion, a civil servant is appointed to perform the function of a higher post involving higher responsibilities he must be held to be entitled to the pay of that higher post. The mention in the order "in his own pay scale and without any extra remuneration" does not make any difference because this condition being contrary to the settled legal position and a vested right is simply inoperative. We have, therefore, no option but to accept the appeal and direct that the remune ration of the higher post of Senior Officer (Adorn.) should be paid to the appellant for the period he had discharged the duties thereof.

3. No order as to costs.

A. E. Appeal accepted.