Law:

Section:

Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974-- ---R. 8---Sindh (Gazetted) Civil Servants (National Scales of Pay) Rules, 1974, R. 9(1)---Promotion and fixation of pay---Appellant, a Joint Director in BS-18 was duly promoted in newly created post of same designation, but in BS-19 with recommendation of Provincial Selection Board---Despite promotion appellant's pay remained same which he was drawing prior to induction in higher post of BS-19---Dissatisfied with fixation of pay, appellant made representation to fix pay according to new scale contending that he having been duly promoted to higher post, his pay should be fixed accordingly---Appellant's request was turned down on ground that his induction to higher post was merely up-gradation of post and was not in nature of promotion---Respondent authority had itself treated appellant's induction in higher scale of pay (BS-19) as promotion and case of up-gradation was not covered by explanation to Rule 8---Cases falling outside explanation to rule 8 to be treated as promotion---Appellant's appointment as Joint Director in BS-19, held, was clearly a promotion and as such his pay in BS-19 was to be fixed in accordance with R. 9(1). Manzoor Ali Khan for Appellant. Imdad Hussain Kazi for Respondents. Date of hearing: 23rd February, 1989. JUDGMENT MUNAWAR ALI KHAN (CHAIRMAN).--The appellant, Baqar Ali Khan was Joint Director, Labour in BS-18 with special pay of Rs.275 p.m. when out of six posts of Joint Directors, two posts were abolished and in their place, two new posts of the same designation were created in BS-19, vide Notification No. S.O.III (L & C) 5(92)/83, dated 10-5-1984. On recommendation of the Provincial Selection Board No. II, the appellant was promoted against one of the newly created posts of the Joint Directors. He resumed charge of the promotional post w.e.f. 7th November, 1984. Thereafter reference was made to the Finance Department for fixation of his pay in BS-19. At the time of his promotion, he was drawing the maximum of BS-18 (i.e. Rs. 3,600) plus special pay of Rs.275. While fixing his pay in BS-19, the Finance Department allowed the same amount of Rs.3,875 (i.e.…

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