MUHAMMAD SUHAIL Versus GOVERNMENT OF NORTH-WEST FRONTIER PROVINCE

1. MALIK MUHAMMAD PARVEZ KHAN (CHAIRMAN).‑‑ .Appellant filed the present appeal against order No.SO(E) C&W/4‑53/70‑Vol‑III, dated 22‑10‑1986 of respondent No.2 vide which he was allowed seniority in Grade‑19, but was deprived of fringe benefits of the post with effect from 6‑4‑1985. According to him he was Executive Engineer in BPS‑18, posted at Building Project Division No.l Peshawar from 6‑1‑1979 to 4‑5‑1981. An inquiry was conducted in which he was finally exonerated of the charges but on the basis of that inquiry his case for promotion in Grade‑19 was delayed for a long period and finally he was given the seniority from 6‑4‑1985 (F.N), when he took‑over the charge, but fringe benefits were not allowed from 6‑4‑1985 to 25‑10‑1986, although his promotion was regularised in BPS‑19 vide order dated 22‑10‑1986. He submitted representation in this respect on 25‑10‑1986 but without any result; hence the present appeal on the ground that he worked against the post of Superintending Engineer, C&W Department in Grade‑19 from 6‑4‑1985 to 25‑10‑1986 and under the law he is entitled to pay and allowances of .the post on which he was performing the duties.

2. His claim was resisted by the respondents and after going through the record we propose to dispose of the appeal as under:

3. A perusal of the order dated 16‑4‑1985 would show that the appellant was transferred and posted as Superintending Engineer Kohat in his own pay and scale in the interest of public service. It shows that the appellant did work against a Grade‑19 post and condition depriving him from salary/ increment would not be termed as legal and justified. It is tire return in cash of the mental/physical service rendered by a Government servant, and it must not be withheld, under any pretext or excuse. This being the position that admittedly the appellant worked against the post falling in Grade‑19, he cannot be deprived of his emoluments and other benefits. The appeal is accordingly accepted, but we leave the parties to bear their own cost.

4. M.Y.H./83/Sr.P Appeal allowed.