Law:

Section:

Civil service Pay and allowancesFixation ofCivil servant had claimed that he having been promoted from B15 to B16, special allowance, which he had already been drawing and which had been converted into special pay, should have been added in his pay and his pay should have been fixed adding that allowance­Special allowance having been converted into special pay subsequent to promotion of employee from B15 to B16, employee was not entitled to fixation of his pay taking into account special payOn mutual agreement, Finance Division as a matter of grace fixed pay giving employee benefit of increased pay and allowance in higher pay scale from specified date. JUDGMENT RANA RIFAT SAEED (MEMBER)The appellant, Muhammad Yasin, had been aggrieved by the wrong fixation of his pay and allowances on his promotion as Superintendent (B16) with effect from 2861990, because as Assistant Incharge he had been drawing pay and allowances in B15 plus special allowance of Rs.100 per month which had later been converted into Special Pay with effect from 1321991. The contention of the appellant was that while fixing his pay in B16 on promotion as Superintendent with effect from 2861990, he had been deprived of by not taking into account Special Allowance/Special Pay of Rs.100, as otherwise he would have drawn additional benefit of one more increment in next higher pay scale. 2. The representatives of the Finance and the Establishment Divisions had pleaded at the Bar that the appellant was not entitled to fixation of his pay by taking into account Rs.100 which was a special allowance and converted into special pay w.e.f. 1321991 i.e. much later than his promotion as Superintendent which had taken with effect from 2861990 Therefore, there was no justification that his pay should have been fixed as Superintendent w.e.f. 2861990 by adding Rs.100 special allowance. However, the representatives had clarified that the Finance Division, as a matter of generous situation, had taken into account this hardship/anomaly…

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