Law:

Section:

Civil service-------Upgradation---Upgradation of post of storekeeper of employee from BPS-16 to BPS-17 which was done without prior approval of Finance Division, was not sustainable as same was made in violation of R.12 of Rules of Business----Mere fact that employee had been in receipt of his emoluments in BPS1-17, would not create any justification for something which basically involved a violation of Rules. JUDGMENT CH. HASAN NAWAZ (MEMBER).-- Material facts in the background of this appeal under section 4 of the Service Tribunals Act, 1973 are not in dispute. The appellant has been serving the Department as Store Officer eversince October, 1987. The post, which used to carry BPS-16 was upgraded to BPS-17 by means of Notification No. SRO-15(KE)88, dated 10-2-1988. Subsequently, in terms of the aforementioned notification, the appellant was "placed from BPS-16 to 17 with effect from 18th February, 19M" by Notification No. 2349/88, dated 2-11-1988. At the relevant time he was under the financial control of Controller of Accounts, Air Force, Lahore, who accordingly fixed his pay in BPS-17 on of this Notification. In May, 1989 he was transferred to Army Wing and remained in payment of his emoluments in BPS-17 by the Controller of Accounts, Rawalpindi Cantt. till June, 1990 when he was transferred to the financial control of Controller of Military Accounts (Lahore Cantt., Lahore). On this transfer, his last pay certificate was issued by the CMA, Rawalpindi with letter, dated 22-6-1992 which showed that he had been paid salary uptil 30-6-1990 in BPS-17. The record shows that he remained in payment of his salary in BPS-17 uptil October, 1992. 2. In February, 1992 during the course of inspection of the accounts of Controller, Military, Lahore Cantt. by the Military Accountant Inspection Team, an objection was raised to the payment of emoluments to the appellant in BPS-17 on the authority of Notification dated 10-2-1988. On this objection having been raised, the Controller of Military Accounts (Rawalpindi Cantt.) issued revised last pay certificate in BPS-16 showing an overpayment of pay and allowances -amounting to Rs.15,341.42 for the period from 18-2-1988 to…

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