FAZAL ELAHI Versus DIRECTOR-GENERAL, PAKISTAN METEOROLOGICAL DEPARTMENT, KARACHI
CH. HASAN NAWAZ (MEMBER): ‑ ‑This appeal under section 4 of the Service Tribunals Act, 1973 was filed, after due compliance with the requirements of section 4(1)(a) of the Act, in the background of following material facts:
1. While he was on secondment with Meteorological Branch of the Pakistan Air Force as Assistant Meteorologist, the appellant was promoted in absentia by order dated 6‑2‑1974 as Meteorologist in Grade‑18 with effect from 29‑3‑1973. It said that he will continue to remain on secondment until further orders. (Annexure `A').
2. A few months later, on 30‑5‑1974, it was decided by the Federal Government "that the National Pay Scales of the post of Meteorologist in Pakistan Meteorological Department will be Grade‑17 (Rs.500‑‑50‑‑1,000/50‑ 1250)". It was, however, laid down that Meteorologists "holding the post since before 12‑8‑1973 will be fixed in Grade‑18 (Rs.1,000‑‑75‑‑1750) and that they will continue to draw pay in these grades while holding these posts" (Annexure B').
3. In accordance with terms of secondment, the appellant was allowed to retain lien on his permanent civil appointment under the normal rules during the period of his employment with the Pakistan Air Force and his service in the Force was to be counted towards increments of civil pay, promotion and pension or gratuity in this parent department. It was also laid down as a condition that necessary contributions in respect of pension will be paid to his parent civil department from the Defence Service Estimates in the manner indicated in the fundamental rules, unless orders to the contrary are in existence in any case or class of cases.
4. The appellant reached the maximum of BPS‑18 on 1‑7‑1987 as confirmed by the office of Accountant‑General of Pakistan Revenue, Lahore through letter-dated 5‑1‑1989 (Annexure `D'). On reversion from the Pakistan Air Force (Meteorological Branch), the appellant assumed charge of the post of Deputy Director (BPS‑18) at the Regional Computerized Data Processing Centre, Lahore with effect from 15‑9‑1988 on promotion, which was made with the approval of the Establishment Division (Annexure E).
5. The appellant's case is that since he had reached the maximum of BPS‑18 on 1‑7‑1987, he had become eligible for move‑over to BPS‑19 with effect from 1‑12‑1988 in accordance with the terms of Finance Division (Regulations Wing)'s Office Memorandum No F.1(82)‑R‑3/85, dated 1‑1‑1986, after having remained at the maximum of the scale for a period of more than one year and promoted to the post of Deputy Director (BPS‑18) with effect from 15‑9‑1988.
6. He submitted application dated 13‑10‑1988 (Annexure F) to the Director‑General, Meteorological Services, Karachi for grant of move‑over to BPS‑19 with effect from 1‑12‑1988. He was informed through Memorandum dated 14‑11‑1988 (Annexure G) that his request for move‑over could not be granted because his promotion to the post of Deputy Director (BPS‑18) became effective from 15‑9‑1988 which was the date of reversion from the Force to the Civil Department. The Memorandum said that he would be eligible for move‑over with effect from 1‑12‑1989 in accordance with the relevant rules on the subject.
7. After having failed with the Director‑General, he addressed a representation to the Secretary Aviation Division, Government of Pakistan with the same request on 9‑1.‑1989 which was followed by reminder dated 18‑1‑1989. His representation was, however, withheld by the Department.
8. The respondents' defence in their own words is to the following effect:
"It is a fact that Finance Division has allowed move‑over to employees of BPS‑16 to B‑19 from 1st December of every year following the year in which they reach the maximum of the pay scale with certain conditions. Though appellant reached on maximum of his pay scale (BPS‑18) on 1‑7‑1987 but he was not promoted to higher post as is required under rule for next rove‑over. He was promoted to higher post of Deputy Director (B‑18) on 15‑9‑1988, as such he will be eligible for move‑over to B‑19 w.e.f: 1‑12‑1989 in terms of para. 2 of Finance Division's O.M. No. 1(82)‑8.3/85, dated 1‑1‑1986 as amended from time to time.
His request for move‑over was not acceded to owing to not fulfilling the required condition as envisaged in Finance Division's above referred letter/circular. It is also submitted that the appellant was on secondment (ire uniform) in P.A.F and held the post of Meteorologist (BPS‑18) before his promotion to the post of Deputy Director BPS‑18."
9. From the facts it is clear that the decision of this appeal hinges upon correct interpretation of the relevant provisions of Finance Division's O.M. dated 1‑1‑1986, obviously because it has been relied upon by both the parties in support of their case. In accordance with this O.M., the Government's decision was "that the concession of move‑over to the next higher pay scale may be allowed to all civil employees of the Federal Government in BPS‑16 to BPS‑19 from the first of December of the year following the year in which they reached the maximum of pay scale". While conceding that the appellant reached the maximum of pay scale (B‑18) on 1‑7‑1987, it has been pleaded by the respondents that he was not eligible for move‑over because he was promoted to the higher post of Deputy Director (B‑18) on 15‑9‑1988. What we have been able to understand from these pleadings is that according to the respondents, he was to stay at the same scale for a period of at least one year after his promotion to B‑18 post on 15‑9‑1988.
10. We do not find it possible to agree. As already pointed out before there is no dispute about the facts. The appellant was promoted as Meteorologist (B‑18) with effect from 29‑3‑1973. By a subsequent decision of 30‑5‑1974, the post of Meteorologist was relegated to Grade‑17, but the appellant was allowed by the same decision to remain in payment of emoluments in B‑18. He continued in B‑18, by virtue of this decision till 1‑12‑1987 when he reached the maximum of this scale. We are of the view that this is all what he was required to do to be eligible for move‑over to B‑19 in accordance with aforementioned relevant terms of O.M. dated 1‑1‑1986, after having stayed in that scale for a period of one year. This was a situation, which clearly attracted the application of Government's decision regarding move‑over conveyed through O.M. dated 1‑1‑1986. In accordance with its terms, the only qualification required to be achieved was to reach the maximum of the pay scale of Grade‑18 post and then stay at that scale for a period of one year. There is no doubt about the fact that he did fulfil the condition. We would go to the extent of saying that he had become eligible to be considered for move over with effect from 1‑12‑1988 even if he had not been formally promoted as Deputy Director (B‑18) with effect from 15‑9‑1988. This is because he had already been promoted to a Grade‑18 post (Meteorologist) with effect from 6‑2‑1974. Although this post was subsequently downgraded to B‑17, the appellant was allowed to draw his pay in BPS‑18, which was enough to fulfil the condition laid down in the O.M. dated 1‑1‑1986, which requires the employee only to "reach the maximum of the pay scale (the underlining is ours)". In our view, the material thing in these provisions is the pay scale and not the post. He did reach the maximum of pay scale 18 on 1‑7‑1987 and all he required after having achieved that target was to stay at that scale, and not the post, for a period of one year. He had thus clearly become eligible for move‑over with effect from 1‑12‑1988, particularly when he had also been again formally promoted as Deputy Director and put in charge of B‑18 post on 15‑9‑1988.
11. For these reasons, the appeal is accepted with a declaration that the appellant had become eligible to move‑over to B‑19 with effect from 1‑12‑1988. The respondents are accordingly directed to consider him for move‑over (B 19) with effect from that date. There will be no order as to costs. Parties be informed,
A.A./760/Sr.F Appeal accepted.