1977 PLP 398 (PLC)

PERCENTAGE INCREASE FORMULA S. No. National scales of pay in which pay is to be fixed. Percentage increase of the existing basic pay. 1. 1 and 2 40 % subject to minimum of Rs. 20 and maximum of Rs. 40. 2. 3 and 4 30 % subject to a minimum of Rs. 20 and maximum of Rs.

40. Note.‑(a) Where the aggro gate of (t) and (ii) above exceeds to the maximum of the relevant national pay scale, the excess will be allowed as a personal pay, subject to subsequent reduction under rule 2031 (F R 37) R.

11. Stall will continue to draw the same amount of emoluments consisting of the basic pay plus interim relief and. ad hoc relief drawn by them before 1st March 1972, even if the basic pay as fixed in the National scales is less. The difference between the emoluments drawn before 1st March 1972, and the pay fixed in the National scales of pay on 1st March 1972 would hoe treated as personal pay and will be adjusted in subsequent increments under F. R. 37.

4. For the sake of convenience a "Ready Reckoner" for conversation of the existing pay in the consolidated scales into the National scales has been prepared by the Railway Board and is available for reference.

5. According to the percentage increase formula notified above the respondents as mates Pakistan Western Railway are ordinarily entitled to 40% increase of their existing basic pays which are less than Rs. 100 in each case and their pays need to be adjusted in National pay scale No. 1 which is Rs. 100‑‑2‑116/SB‑‑3‑

140. It may be pointed out here that according to the paragraph 14 of the Notification of Gazette of the Pakistan Railway, dated 20th October 1972 it has been conceded that the incumbents of the various posts carrying non gazetted. pay scales will be entitled to automatic promotion to the next higher scales and the rider formerly imposed on the promotions in regard to earning good annual reports was withdrawn. It was also assured in the same Notification vide paragraph 4 that the basic pays of the employees in the existing prescribed consolidated scales of pay were to be increased by varying percentages allowing maximum benefits to the lowest paid staff.

6. In the background of all those circumstances the respondents' pay could not be fixed in N. P. S. No. 3 which was allowed 30%, increase and not 40% increase of existing pay scale. According to the Pakistan Western Railway Notification dated 20th October 1972 at page 37 (copy‑R‑1) their scales being rightly equated in column No. 4 of the Schedule in the National pay scale No. 1, they were placed in N. P. S. No. 3 in the remarks columns with the result that their pays were calculated with 30% increase instead of 40%. It is maintained on behalf of the appellant that as mates rank senior to gangmen and Keymen who according to their pays ware adjusted in N. S. P. Nos. 1 and 2 they were given senior scale No. 3 which falls next to scale Nos. 1 and

2. The contention contains no force as the calculation made in the remarks column can scarcely be reconciled with the percentage increase formula admitted in favour of the respondents in unequivocal terms in the body of the Notification dated October 1972, as well as In the original Notification published in Pakistan Notification Gazette of 8th March 1972.

7. No doubt N. P. S. No. 3 carries a better scale than N. P. S. Nos. 1 and 2. yet by calculating the respondents' pay according to the percentage increase formula allowing them 40%. increase of pay they are better benefited in that, their pay is fixed at Rs. 147 whereas their pay has been fixed at Rs. 138 in N. P. S. No

3. The principle of automatic promotion from one scale to the other stands to the advantage of the respondents even if their pay is fixed at a stage better than the maximum of the lower scale. Now there can be no Question that the fixation of their pays has been fully assured under the formula in the manner they can be put to the best of their benefits. Accordingly it must be taken to be within their option to get their pays fixed in the manner they are better benefited. The respondents being fixed in N. P. S. No. 1 get a pay of 147 according to the ordinary calculation. Their pays will be fixed at this stage on at March 1972. Since the rule of automatic promotion comes into play in favour of the respondents they will cross over to the scales Nos. 1 to 2 and as the next stage available to the respondents in that scale being Rs. 149, this would be their substantive pay, on 1st March 1972. Under the circumstances the respondents are held entitled to get their pays fixed at Rs. 149 each in N. P. S. No. 2 with effect from 1st March 1972 and to get their future emoluments accordingly.

8. As regards the maintainability of the petition before the learned Authority there can be hardly any difference of opinion that they sought a redress relating to correct fixation of their pays in N. P. S. as allowed them under the service rules and they were denied their due emoluments the appellant i.e. Railway Administration, and on that mode they chose the right forum to get their wages ascertained under the law and compensate for the deducted wages. The learned counsel for the respondents has relied in this behalf on Shoukat Ali and others v. Islamic Republic of Pakistan through the General Manager. North Western Railway, Lahore (1900 P L C 59) in which it was held that the definition of wages given in the Payment of Wages Act makes it clear that the authority must decide as to what was the remuneration and was to be payable to a person employed in respect of his work done in such employment. The plea that the authority has no jurisdiction to entertain an application on that point cannot be sustained and if it is adopted it will defeat the Act itself and make it absolutely ineffective. In the circumstances there being no force in appeal it is dismissed. Appeal dismissed.