Sufi SIDDIQ AKBAR Versus SECRETARY TO GOVERNMENT OF' THE PUNJAB, FORESTRY, WILDLIFE AND FISHERIES DEPARTMENT

Sufi Siddiq Akbar, Senior Clerk, Office of the Conservator of Forests, Rawalpindi has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 is which he has impleaded the Secretary to Government of the Punjab, Forestry, Wildlife and Fisheries Department as respondent. By virtue of this appeal he has prayed that the order dated 26‑5‑1982 issued by the respondent with an endorsement dated 12‑6‑1982 and 30‑6‑1982 by the Chief Conservator of Forests, Central Zone, Lahore and the Conservator of Forests, Rawalpindi respectively be set aside and a declaration be granted in his favour that he was entitled to have his pay re‑fixed with effect from 1st December 1975 in grade 8 after having completed one year on the maximum of the National Pay Scale No. 7 and in the Revised National Pay Scale No. 8 with effect from 1‑5‑1977. He has further prayed that ha may be allowed the arrears of pay consequent upon the correct fixation of his pay.

2. Brief facts of case are that the appellant had joined the service in the Settlement and Rehabilitation Department, Government of Pakistan. At the time of winding‑up of the said Department, the appellant was serving as a Settlement Inspector in the grade of Rs. 180‑230‑280‑370 in the Settlement Organization on the crucial date 30‑6‑1974, the appellant was declared surplus on 1‑7‑1974 and was absorbed as a Senior Clerk in the Department of Forestry and Wildlife :vide S & G A Department letter dated 24‑12‑1974 and joined as such on 29‑3‑1975. He was granted N. P. S. No. 6 and his pay was accordingly fixed but he was allowed the same pay which he was drawing in his parent Department in N. P. S. 7, thus protecting his last pay drawn by him. The appellant submitted a representation to the then Prime Minister of Pakistan on 18‑2‑1975 requesting that he should be given N. P. S. 9 but without any response. Thereafter the pay of the appellant was worked out again in N. P. S. 7 on 1‑5‑1977 vide Office Order by the Conservator of Forests, Rawalpindi on 30‑10‑1981. The appellant again submitted an appeal to the respondent on 1‑11‑1981, and it was rejected vide impugned order. Hence this appeal.

3. It has been argued on behalf of the appellant that according to the letter issued by Mr. M. Rahman, Federal Joint Secretary on 8‑6‑1974, the Settlement staff rendered surplus on the winding up of the Settlement Organization on 1‑7‑1974 or the Settlement Cell on 1st October 1974 was to be absorbed on posts of equal pay and status. He has submitted that this directive of the Central Government was binding up on the Provincial Government and has been voilated because he has not been absorbed as a Senior Clerk in N. P. S. 7. On the other hand it' has been argued on behalf of the respondent that the appeal is barred by time because the appellant was absorbed as a Senior Clerk with effect from 1‑1‑1975 vide order dated 24‑12‑1974 and his pay was fixed at Rs. 315 and Rs. 55 as personal pay to be absorbed in future increments and subsequent increase in pay vide order dated 5‑6‑1978. The appellant did not file any depart mental appeal or regular appeal before this Tribunal against that order. It has further been argued that the present order dated 3‑10‑1981 is a consequential order thus the period of limitation would start from 5‑6‑1978 while the appeal has been filed on 2‑8‑1982. On merits it has been submitted that while absorbing the appellant against the post of Senior Clerk in N. P. S. 6 with effect from 29‑3‑1974 the Forest Department and S & G A Department did not violate the instructions contained in the Federal Government letter dated 8‑6‑1974, because the official was not reduced in pay and status. It has further been argued that while absorbing the appellant, the respondent had acted in accordance with the rules and instructions on the subject issued by the Punjab Government from time to time.

4. I have given my anxious thoughts to the arguments of the parties and have perused the record. According to the record, the appellant was absorbed as a Senior Clerk, as such he was entitled to the pay of the post to which he was appointed as laid down under section 16 of the Punjab Civil Servants Act. Even the Instructions of the S & G A Department dated 12‑5‑1973 which have force of the rules, lay down that the surplus staff is to be allowed the pay and scale sanctioned by the Government for the post on which they are 'appointed, on regular absorption. The said instructions dated 12‑5‑1974 is Annexure R/1'. This view also finds support from the instructions of the Services and General Administration Depart ment letter No. SOWF. III (S & G A D) 1‑18/74 dated November 1974 Annexure R/3 and the letter dated 23‑12‑1974 (Annexure'R/4'. Since the appellant has been absorbed as a Senior Clerk so he is only entitled to the Scale of pay of the post against which he is absorbed. However, the pay last drawn by him in the Settlement Organization was to be protected and has rightly been protected by the respondents. Thus I hold that there is no force in the arguments of the appellant that he has been reduced in his pay and status. With regard to the plea of limitations, suffice to say that the appellant was absorbed as a Senior Clerk on 26‑12‑1974 and his pay was fixed vide office order dated 5‑6‑1978. The appellant did not agitate the said order before this Tribunal at that time. The order impugned before us is just an order issued at the time of re‑fixation of his pay in N. P. S. 7 falling due to him on 1‑5‑1977. Thus I hold that limitation to file the present appeal was to run from the date of basic order i.e., 5‑6‑1978 and the letter issued by the respondent dated 26‑5‑1982 does not enlarge the time fc9r limitation. Thus the appeal is barred by time.

5. In view of the above discussion I hold that there are no merits in this appeal which is dismissed. There will be no order as to costs.

Appeal dismissed.