Law:

Section:

Civil service - --- Pay-Deputation Appellant in Grade 16 in parent Department-­Served against Grade .l7 post in other Department-Not allowed pay in Grade 17 but allowed to draw `this present pay and his existing grade"-Special pay sanctioned to him in parent Department sub. sequent to posting in other Department refused in other Depart­ment on plea that same could be admissible only in parent Department-Special pay, held, part of pay and appellant, held, entitled to whatever pay he would have drawn had he been working in parent Department--Civil Service Rules, Punjab, Vol. I, Part 1, r. 2.44 (a) (11). ORDER M. SALEEM CHAUDHRY (CHAIRMAN).-The facts leading to this appeal, as stated before us, are that the appellant was working as an Adminis­trative Officer in the office of the Chief Engineer, Buildings & Roads Department in June, 1962 when he was appointed as Progress Officer in the Planning & Development Department where he continued for 8 years till June, 1970 when he was sent back to his parent Depart­ment. The post of Administrative Officer carried the Class-II scale of pay whereas the post of Progress Officer was in Clans-I Junior scale. The appellant was not allowed the pay of Progress Officer. Sub­sequently, a Special Pay of Rs. 100 p. m. was sanctioned to him as Administrative Officer retrospectively from 1957, but even this Special pay was not allowed to him by the A. G. for the period of 8 years from June, 1962 to June, 1970 on the grounds that the special pay was for the post of Administrative Officer and not for Progress Officer. The appellant served a notice on the respondent but to no avail. He filed a representa­tion before the Chief Secretary under section 21 of the Punjab Civil Servants Act, 1974 but no reply was received by him in spite of the expiry of 90 days. The appellant has now made a prayer before this Tribunal to decide the case of his pay. 2. The respondent has argued that the appellant had accepted the terms and conditions of appointment as Progress Officer which amongst others included a condition to the effect that he would be allowed "his present pay and his existing grade." As such it was argued that he was not entitled to…

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