2001 PLP (C (PLC(CS))

Common points of facts and law are involved in both the appeals. 1, therefore, proceed to decide both appeals by one order. Briefly stated the facts leading to both appeals are that both the appellants are stenographers in Services, General Administration Department. Vide No. SOPI(S7GAD)4-1/89, dated 21-5-1991, Muhammad Asif was promoted as Senior Scale Stenographer (BS-15) on officiating basis. Ghulam Shabbir, the appellant in Appeal No.89 of 1996 vide order No. SOPI(S7GAD)4-3/86, dated 30-5-1991 was appointed as Senior Scale Stenographer for a period of 6 months or till the regular incumbent becomes available. He was promoted as Senior Scale Stenographer on officiating basis vide order No.SOPI(S&GAD)4-3/86, dated 26-5-1992. In the light of Finance Department's letter No.FD-PC-2-91, dated 1-8-1991 regarding revision of pay scale and fringe benefits of the civil employees in BS-1 to BS-15 of the Punbjab Government, the pay of. the appellants was fixed as Rs.2,930 with effect from 1-6-1991. The appellants made requests for re-fixation of pay as Rs.3,061 with effect from 1-6-1991. The representations were rejected by the respondents as discussed above. Hence these appeals. I have heard the learned counsel for the appellants, District Attorney and have perused the record and objections to the memorandum of appeals submitted by the respondents. Learned counsel for the appellant argued that the appellant was denied of the benefit of one increment. They made requests for removal of anomaly. Respondent No.l referred the case to respondent No.3, Secretary to Government of the Punjab, Finance Department. Respondent No.3 gave the following opinion:-- "Finance Department observes that there arisen no question of removal of anomalies in fixation of pay of M/s. Ghulam Shabbir and Muhammad Asif, Senior Scale Stenographers." Respondents Nos.l and 2 rejected the representations of the appellants without applying their own mind. Learned counsel for the appellant argued that respondent No.l is competent to decide the matter and there was no need to refer the case to respondent No.3. Copy of order NO.SOE.III(P&D)4-8/93, dated 22-2-1999 was produced to prove that Muhammad Ashfaq who was promoted as Senior Scale Stenographer on officiating basis vide order No.SOPI(S7FAD)4-1/89 dated 21st May, 1991 alongwith Muhammad Asif the appellant, was allowed pay at the rate of Rs.3,061 w.e.f 1-6-1991. Respondent No.3 Secretary Finance in his objections to the memorandum of appeal has stated that the appellants were not promoted as Senior Scale Stenographers but were appointed on current charge basis. As the appellants were not promoted as Senior Scale Stenographer on regular basis there exists no anomaly in the fixation of their pay. Perusal of the order No.SOPI(S&GAD)4-1/99 dated 21-5-1991 reveals that Muhammad Asif was promoted as Senior Scale Stenographer BS-15 on officiating basis. Vide Letter No.SOR-IV (S&GAD)1-14/7b dated 28-4-1985, officiating promotion has all the attributes of regular promotion except that it is for a specific period and is temporary in nature. Muhammad Asif appellant is thus, entitled for pay at the rate of Rs.3,061 with effect from 1-6-1991. Ghulam Shabbir, the appellant in Appeal No.89 of 1996 was promoted on current charge basis vide Letter No.SOPI(S&GAD) 4-3/86, dated 30-5-1991 and he was further promoted on officiating basis vide order SOPI(S&GAD)4-3/86, dated 26-5-1992. According to Service Rules notified vide Letter No. SOR-III. 1-18/72, dated 18-6-1982, the posts of Senior Scale Stenographers are to be filled in by promotion on the basis of seniority-cum-fitness from amongst the Stenographers in the functional unit. If no suitable official is available for promotion then by initial recruitment. According to Rule 10-B of Punjab Civil Servant (Appointment and Conditions of Service) Rules, 1974, current charge appointment is made where a post is likely to remain vacant for a period of less than six months and the Appointing Authority does not consider it expedient to make an appointment on ad hoc basis. Muhammad Asif is continuously working as Senior Scale Stenographer with effect from 30-5-1991. The post of Senior Scale Stenographer was not for a period of less than six months. The post was thus filled in violation of Rule 10-B of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. According to recruitment rules discussed above, the post of stenographer was to be filled by promotion on regular or officiating basis. The order No.SOPI (S&GAD)4-3/89, dated 21-5-1991 of appointment of Ghulam Shabbir, appellant as Senior Scale Stenographer (BS-15) on officiating basis is converted into promotion of Ghulam Shabbir on officiating basis. He is, thus, entitled for pay at a rate of Rs.3.061 with effect from 1-6-1991. In the light of the above discussion, of the appeals are accepted. The impugned orders dated 10-1-1996 and 21-1-1996 are set aside. The pay of the appellants should be fixed as Rs.3,061 w.e.f. 1-6-1991. There will be no order as to costs.