1988 PLP (C (PLC(CS))

SYED ALLY MADAD SHAH (CHAIRMAN)‑‑By order of the President dated 2‑10‑1978, posts of Principal Appraisers and Appraisers in the Customs Department were upgraded from grades 16 and 13 respectively to grade 17 with effect from 1‑3‑1979. The appellant, being an Appraiser in the Customs Valuation Department, was one of 148 beneficiaries and his name appeared at S. No.146 of the notification of appointment of the beneficiaries dated 15th September, 1980, issued by the Central Board of Revenue, Government of Pakistan, a photostat copy whereof is annexure 'A' to the memo of appeal.

2. The President was pleased to sanction, with effect from 1st July, 1983, the Scheme of Basic Pay Scales and Fringe Benefits of Civil Employees of the Federal Government (1983), notified by the Finance Division, Government of Pakistan, under Office Memorandum NO. F.1 (1) Imp. /83, dated 18th August, 1983 (a photostat copy whereof filed with memo of appeal as annexure 'B'). Under the Scheme, the then existing Revised National Scales of Pay (RNPS) were replaced by the "BASIC SCALES OF PAY, 1983" as shown in the Schedule to the Office Memorandum; and also Scales in case of certain posts indicated in annexure II to the Office Memorandum were modified. The system of "grades" in the hierarchy of the Government Service was abolished and it was ordered that the officials shall thence forth be appointed/ promoted to posts and not in grades.

3. As per annexure II to the Office Memorandum dated 18th August, 1983, amongst many other departments, scales of certain posts, specified below, in the Central Board of Revenue were modified as under:‑

1. Preventive Office NPS-10 Rs.410-22- 520/24-760- 28-900 B-11 (Rs. 700- 35-1400

2. Intelligence Officer --do-- --do--

3. Examiner --do-- --do--

4. Income Tax Inspector --do-- --do-- with selection grade equal to 25% of post in B-14 (Rs. 850-50-1850)

5. Deputy Superintendent (Customs & Central Excise) NPS-13 (Rs. 490-30-790/32-950-35-1125) B-14 (Rs. 850-50-1850

6. Senior Intelligence Officer --do-- --do--

7. Inspector Preventive Service NPS-13 (Rs. 490-30-790/32-950-35-1125) B-14 (Rs. 850-50-1850)

8. Valuation Officer/Appraiser --do-- --do--

9. Principal Appraiser NPS-16 Rs. 625-40-825/50-1325-60-1625 B-16 (Rs. 1050-80-2250) The existing incumbents drawing pay in the upgraded posts of Preventive Officer (NPS 13) and Appraiser/Valuation Officer/ Principal Appraisers (NPS‑17) will continue to draw pay in the corresponding Basic Scales B‑13 and B‑17 respectively as personal to them so long they hold those posts."

4. Being apprehensive of adverse effect of the aforesaid modification in the scales of pay at S. Nos.8 and 9 and the note below, whereby the Valuation Officers/ Appraisers and the Principal Appraisers having been placed in the Scales lower than the Scale No. B‑17, the appellant made a review petition dated 20th September, 1983 to the President of Pakistan with the following prayer:‑ (i) The Annexure II to Finance Division, Government of Pakistan, Islamabad's Office Memo. No‑F. 1(1)‑Imp/83 dated 18th August, 1983, be amended so far as it relates to entries at Serial Nos.8 and 9 under the Heading "Central Board of Revenue", correcting Column 2 by showing the posts of Appraisers (Valuation Officers/Principal Appraisers) as posts of RNPS‑17; (ii) The said posts of Appraisers and Principal Appraisers be given/accorded B‑17 of Basic Scales of Pay, with all usual benefits as allowed to other posts in B‑17 of Basic. Scales of Pay; and (iii) I be allowed all the consequential benefits arising therefrom." He awaited decision on his review petition for ninety days and thereafter filed this appeal on 14‑1‑1984.

5. The respondents have filed written objections. They have taken a preliminary objection to the maintainability of the appeal. It has been maintained that it is the plenary power of the President to have revised the pay scales and upgraded or down‑graded the posts. They have contended that the appellant is not affected by the Scheme of Basic Pay Scales as his position of holding NPS‑17 in pursuance of the order of the President stands expressly protected and he would be enjoying all the benefits admissible to that Grade and even his prospects for future promotion will not be affected, although future prospects in service are not a condition of service.

6. The learned counsel for the appellant has urged that the appellant had acquired vested right of holding grade‑17 post in pursuance of the President's Order dated 2‑10‑78 but that right stood impaired by the Basic Pay Scales and Fringe Benefits Scheme notified under Office Memorandum dated 18th August, 1983, as his prospects for move over to upper grade, promotion, seniority and posting in executive or other posts of equivalent rank in grade 17 could be denied to him consequent to the down‑grading of the posts of the Appraiser and Principal Appraiser to BPS‑14 and 16 respectively. He has placed reliance on a case Pakistan v. Muhammad Himayatullah Farrukhi P L D 1969 SC

407. According to him, the note that the existing incumbents drawing pay in the upgraded post of Appraiser/ Valuation Officer/ Principal Appraiser (NPS 17) will continue to draw pay in the corresponding Basic Pay Scale‑17 as personal to them so long they hold those posts protect only their pay and impliedly denies to them other benefits of NPS‑17 held by them. He made statement during the course of arguments that the appellant would not press the appeal if it were assured that he would not be denied future prospects admissible to him as holder of B‑17 post including promotion. He made reference to the objections filed by the respondents, wherein it has been stated that the appellant and the officers of his category stand placed in B‑17 and their scale of pay has been protected and their seniority stood protected and submitted that this statement would have given solace to the appellant against the apprehension he entertained, but the contention of the respondents that future prospects of promotion do not constitute a condition of service has confirmed his apprehension that he would be denied future prospects on the ground that the down‑grading of the posts of Appraisers/ Valuation Officers and Principal Appraisers to B‑14 and B‑16 respectively has relegated his position to B‑14 for all purposes except the scale of pay. On the other hand, the learned counsel for the respondents contended that pay of the Appraisers/ Valuation Officers and Principal Appraisers, who were in NPS‑17, stands protected under the note reproduced above and future prospects of promotion, etc. are not a vested right and the case relied upon by the learned counsel for the appellant viz. P L D 1969 SC 407 is not applicable: He also made reference to the objections filed by the respondents, wherein it has been stated that the pay of the appellant stands expressly protected and that he would also be entitled to future prospects, as may be admissible to him, but he cannot claim the future prospects as a matter of right. The learned counsel further contended that upgrading or down‑grading of posts vests in the President and that the only protection available to a civil servant is that his subsisting pay would not be reduced and that protection has expressly been provided to the appellant.

7. By the 'order of the President dated 2‑10‑78, the posts of Principal Appraisers/ Appraisers in the Customs Department were upgraded from NPS‑16 and NPS‑13 respectively to NPS‑17 and it appears from the notification dated 15‑9‑80 issued by the Central Board of Revenue, Government of Pakistan (referred to above) that the upgradation of the posts was unqualified and the incumbents of the posts were to enjoy all benefits attached to the grade in normal course. It is not denied that the posts of Principal Appraisers/Appraisers stand down‑graded in the Scheme of Basic Pay Scales and Fringe Benefits notified under Office Memorandum dated 18th August, 1983. The note below the relevant entries, reproduced above, has provided protection to the incumbents of the posts at the relevant time only to the extent of their pay but their position otherwise stands, relegated to the lower posts in B‑16 and B‑14 respectively. However there is statement on behalf of respondents in their written objections that future prospects of the concerned incumbents do not stand affected by introduction of the Scheme of Basic Pay Scales. This observation is based on the following extracts of the written objections filed on behalf of the respondent Government on 14‑7‑1985: Paragraph 9: "As stated in reply to para 5, the impugned order does not in any way adversely affect the petitioner. The appellant was already in grade 17 much before the issuance of the new pay scales. Thus he became entitled to receive the benefits of the revision of BPS 17 if the posts of Appraiser was shown in the new pay scale as in grade 14, this had no effect or relevance to the appellant and these revised scales apply only to those who are or were appointed subsequent to the issuance of Government orders in question. Thus no harm or prejudice has been caused to the appellant. Further prospects do not form a condition of service. Paragraph 12: As the appellant and the officers of his category have been kept in BPS 17 and their scale has been protected s0 is obvious that their future promotion will not be affected by the impugned order. Further future prospects are not a condition of service. Paragraph 13: As stated in reply to para 5, the legal rights which the appellant enjoyed since 1‑3‑1979, have not at all been affected. The appellant has been given the protection of being retained in BPS‑17 as Appraiser on being in that scale he would take his seniority in his post of Appraiser viz‑a‑viz other BP:5‑17 officer from the date holding the same post." By virtue of the statement of the Government respondent in the aforequoted paragraphs, the terms and conditions of service of the appellant are not disturbed and the principle of Locus Poenitentiae enunciated in the case of Pakistan v. Muhammad Himayatullah Farukhi (P L D 1969 SC 407), pressed in aid by the learned counsel for the appellant, has not been violated.

8. The main prayer of the appellant in the memo of appeal (clause 'c' of paragraph 15) is as under:‑ (c) after hearing the parties, direct/order the respondents to rectify amend Annexure II to Finance Division, Government of Pakistan, Islamabad's Office Memo/Order No.F.l (1)‑Imp/83, dated 18th August, 1983, so far as it relates to entries at Serial Nos.8 and 9 under the heading "Central Board of Revenue" correcting Column‑2 by showing the posts of Appraiser/ Valuation Officer and Principal Appraisers as posts of RNPS‑17 and further ordering that the said posts of Appraisers/ Valuation Officer and Principal Appraisers be given B‑17 of Basic Scales of Pay, with all the usual benefits as allowed to other posts of B‑17 and consequential benefits arising therefrom to the appellant." It would be seen that the appellant has not so far suffered any set back by the introduction of the Basic Pay Scales Scheme and yet tie has taken upon himself the task of seeking rectification/ amendment of Annexure II of the aforesaid Office Memorandum dated 18th August, 1983, relating to the posts of Appraisers, Valuation Officers and Principal Appraisers. He could invoke the jurisdiction of this Tribunal if he had any grievance having actually affected his terms and conditions of service. Whatever apprehensions induced him to prefer this appeal stand dispelled by the statement made in the objections referred to above. He has no locus standi to plead the cause of tie class the impugned entries relate to. There is no merit in appeal and' it stands dismissed. A.A./389/Sr.F Appeal dismissed