Law:

Section:

Civil Servants Act, 1973 (LXXI of 1973)-- ----S. 11--FR 22-A--Absorption of civil servant rendered surplus--Voluntarily accepted the lower post--Appointment of surplus in another department in a lower scale--Pay fixation statement substantive pay protected--Question of protection--Difference of pay--Entitlement--Held: It was the substantive pay of the civil servant which had to be protected and that had been done by the respondent through their pay fixation statement--Civil servant would be entitled to house allowance and conveyance allowance in his present post. [P. 146] A Judgment Qazi Muhammad Hussain Siddiqui, Member.--Appellant is present. Advocate for the parties are also present. Heard the arguments of the learned counsel for the parties and perused the record. 2. The Learned Counsel for the Appellant stated that the Appellant had been serving in BS-16 in Ministry of Information and Media Development as Programme Manager, when he was declared surplus and subsequently he was given an appointment in the Pakistan Railways as Senior Auditor in BS-11 vide order dated 17.10.2002. The Learned Counsel for the Appellant argued that under Section-11 of the Civil Servants Act of 1973 and FR-22-A, the pay drawn by the Appellant in BS-16 was protected but the Respondents have 'violated the said provisions of law by not fixing the pay of the Appellant in accordance with Section-11 of Civil Servants Act of 1973 and FR-22-A. In this connection, the Learned Counsel for the Appellant had drawn our attention to Last Pay Certificate (LPC) of the Appellant (annexure A/12), whereby the Appellant had lastly drawn the following pay in BS-l6:-- "Particulars Rate Substantive pay.............................. 7050.00 House Allowance............................ 563.00 Conveyance Allowance.................... 634.00 __________ 8247.00;" __________ The learned counsel then referred us to pay fixation statement of the Appellant dated 15.01.2003 (annexure A/13), issued by Accounts Officer/Admn, Pakistan Railway Karachi, whereby the pay of the Appellant was fixed to the detriment of the Appellant as under:-- "1. Pay as 5.11.2002 B.S-16 7050-00 2. Pay fixed as on 5.11.2002 B.S.11…

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