GHULAM SHABIR AWAN Versus PROVINCE OF THE PUNJAB

ABDUL HAMID CHAUDHRY (MEMBER). ‑Ghulam Shabir has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974, wherein he has impleaded the Province of the Punjab, through the Secretary to Govern ment of the Punjab, Local Government and Rural Development Department Punjab Secretariat, Lahore, the Commissioner, Sargodha Division, Sargodha and the Secretary Government of the Punjab Local Government and Rural Development Department, Civil Secretariat, Lahore as respondents.

2. By virtue of this appeal, the appellant has prayed that the order of the respondent No. 3 be set aside and direction be given to the respondent No. 2 that the appellant should be given National Pay Scale No.11 as Assistant Medical Officer after making a rectification in his appointment order and he should be confirmed in that post. The appellant has also prayed that all the back benefits accrued to the appellant be also given to him.

3. Brief facts of the case are that the appellant was appointed on ad hoc basis as Medical Technician, Incharge Rural Dispensary in the grade of Rs. 220‑15‑310/15‑400 on purely temporary basis vide order, dated 8th May, 1971 of Commissioner, Sargodha Division, Sargodha. The appellant is aggrieved of this order. The claim of the appellant is that according to the advertisement against which the appellant was selected, the scale given was Rs. 220‑15‑325/15‑400 and not Rs. 220‑15‑310/15‑400. Thus, the scale has been mentioned wrongly in the appointment order. A reference was made by the Commissioner, Sargodha Division, Sargodha to the Secretary, Provincial Local Government Board, Punjab, Lahore vide his letter No. ICS (Health)/340, dated 10th January, 1982 (Annexure `H') mentioning that there had been a mistake in mentioning the pay scale of Mr. Muhammad Zaman and the appellant in their appointment order and sought clarification for the same, but the Secretary, Provincial Local Government Board on behalf of the respondent No. 3 vide order, dated 24th March, 1982 endorsed to the appellant by D. H. O., Sargodha vide his No. 368/P, dated 20th April, 1982, directed "since the Grade of Messrs Ghulam Shabir and Muhammad Zaman was not at par with the grade of the Medical Technician who has been allowed N. P. S. 11 by the Government they cannot, therefore, be allowed the concession asked for". Hence this appeal.

4. We have heard the parties. The learned counsel for the appellant has argued that the posts of Assistant Medical Officers in Rural Dispen saries were advertised to the Press (as per Annexures `A' and `B') with the pay scale of Rs. 220‑15‑325/15‑400, against which the appellant was selected and consequently appointed vide order, dated 8th May, 1971 issued by the Commissioner, Sargodha. There has been mistake in the appoint ment order as the appellant had been shown "Medical Technician" instead of "Assistant Medical Officer" and the grade has also been shown wrongly as Rs. 220‑15‑310/15‑400 instead of grade of Assistant Medical Officer, Rs. 220‑15‑325/15‑400, mentioned above. It has been submit ted by the learned counsel for the appellant that respondents be directed to correct the above. appointment order of the appellant, in accordance with the advertisement made as per Annexures `A' and 'B'.

5. On the other hand, the learned District Attorney has submitted that the appellant was selected for the post of Medical Technician and not for the Assistant Medical Officer as the appellant lacked qualification for this post, not being L. S. M. F. Hence he was appointed as Medical Technician according to his qualification. The appellant was offered the post of Medical Technician with the grade of Rs. 220‑15‑310/15‑400 with other terms and conditions of his service vide appointment, order dated 8th May, 1971 by the Commissioner, Sargodha Division, Sargodha. The appellant accepted this post in the above grade, with other terms and conditions and has been working since then as such on this post. It has been submitted by the learned District Attorney that, thus, the appellant's claim at this belated stage for change of designation and grade of the post held by him since 1971, is not only unjustified but also uncalled for.

6. We have given our anxious thought to the arguments of the parties and have also consulted the record. We find that the appellant had accepted the post of Medical Technician as such, hence, he has no claim and entitlement for the post of "Assistant Medical Officer" instead of "Medical Technician". On consultation of the record with help of the learned District Attorney and representative of the Department, we find that there is mistake in mentioning of the scale in the appointment order, dated 8th May 1971 issued by the respondent No. 2. The actual grade/ scale is Rs. 220‑15‑325/15‑400 and not Rs. 220‑15‑310/15‑400. This mistake should have been rectified by the respondents according to the correct scale.

7. The upshot of the above analysis is that the appeal of the appellant is accepted to the extent that the grade as mentioned in the appointment order, dated 8th May, 1971 signed by M. A. Bajwa. Commis sioner, Sargodha Division, Sargodha be read as Rs. 220‑15‑325/15‑400 instead of Rs. 220‑15‑310/15‑400.

There will be no order as to costs.

M. I. Appeal partly accepted.