Law:

Section:

Civil Servants Act (LXXI of 1973)--- ----S.17---Promotion---Pay---Acting charge-, -Promotion on acting charge basis was made to meet certain eventuality which did not confer on promotee status of a regular promotee---Appointment on acting charge basis would not entitle appointee to the full benefits of the higher post on acting charge basis--­Appellant as such would continue to draw special pay at least until he was regularly promoted. Mushtaq Ahmad Gondal for Appellant. Sardar Muhammad Amir Akbar Khan, Standing Counsel for the Government. Date of hearing: 12th November, 1990. JUDGMENT SYED ALLY MADAD SHAH (CHAIRMAN): --Appellant Mr. Kausar Khan is an officer of the Inter-departmental Cadre of the Accounts Group. He was appointed as Group Officer carrying BPS-17 with special pay at 10% and he was posted in the Military Accounts Department with effect from 2-9-1986. He was then drawing pay in BPS-18 by way of move over from the maximum pay of BPS-17. He reached the maximum pay of BPS-18 on 1-12-1987. He was appointed as Deputy Accountant-General (BPS-18), on acting charge basis with effect from 4-1-1989. His special pay was discontinued on the ground that it was admissible only to Grade-17 officers. His pay was reduced by Rs. 460 per month which ultimately caused him loss in drawing pension and other benefits. He made representation dated 13-8-1988. His case was recommended by the Auditor' General of Pakistan. However, the finance Division did not agree to allow him special pay and such decision was conveyed under U/O No. F.1(5)R.3/89-979, dated 9-8-1989. He submitted departmental appeal to the President of Pakistan ' on 7-9-1989. Awaiting decision on his appeal for more than 90 days, he preferred this appeal on 26-12-1989, with the prayer that the respondents may be directed to allow fixation of his pay at a stage next above the aggregate of pay in BPS-18 plus special pay from the date of his promotion viz. 14-1-1989. 2. The grounds urged in the memo of appeal are that the appellant was drawing pay at the time of his promotion to BPS-18 with effect from 14-1-1989 at Rs. 4,660 and special pay of Rs. 466 and his pay should have been fixed at a stage next above…

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