IMTIAZ AHMAD MALIK vs SECRETARY M/O RAILWAY And Other
This matter arises from a petition filed by Imtiaz Ahmad Malik against the Secretary, Ministry of Railways and others, concerning the entitlement of an employee to the pay and allowances of a higher grade. The core legal question was whether an employee who served on a higher post (B-17) is entitled to the corresponding pay and allowances of that grade, even if promotion to that grade was restricted by quota. The Supreme Court of Pakistan held, based on precedent, that the petitioner is entitled to the pay and benefits of the B-17 post for the period he worked against it, subject to the deduction of any special pay already received. The Court converted the petition into an appeal and modified the judgment of the Federal Service Tribunal accordingly. The key principle laid down is that an employee performing duties on a higher post is entitled to the financial benefits of that post for the duration of such service.
- Is an employee serving on a higher post entitled to the pay and allowances of that grade notwithstanding promotion restrictions?
- Whether an employee working against a higher post is entitled to financial benefits minus any special pay already received?
ORDER
1. SAIDUZZAMAN SIDDIQUI, J. -- We have heard the learned counsel for the parties. The learned counsel for the petitioner contends that in view of law laid down in 1994 PLC (CS) p. 411 by this Court, even if it is assumed that the petitioner could not be promoted to B-17, as according to the learned counsel for the Department only 15% posts in B-17 were available to the promotees in the cadre of petitioner; the petitioner having served on a higher post was entitled to pay and allowances admissible to B-17 posts in terms of the above judgment of this Court. The learned counsel for the Department does not dispute that the petitioner is entitled to the pay and benefits of B-17 in view of the judgment quoted above.
2. Accordingly, we convert this petition into appeal and modify the judgment of the Federal Service Tribunal to the extent that the petitioner is entitled to the pay and benefits of B-17 post minus any Special Pay received by him for the period he worked against the post in B-17.
3. There will be no order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.