1994 PLP (C (PLC(CS))

However the appellant was inducted in the post of Superintendent in the High Way Circle, Thatta w.e.f. 1‑9‑1986, not by way of promotion but on his own pay of lower grade in course of his arguments the appellant's learned counsel took serious exception to the denial of higher post's salary to the appellant, which in his opinion, was totally unjustified. The question is if the authority concerned had power to entrust to the appellant the duties of higher post (i.e. Superintendent) on salary of his lower post of Assistant. In this connection we may refer to first proviso to section 18 of the Sindh Civil Servants Act, 19'3, which reads as order: "Provided that, when in exigencies of service, the appointment for temporary period is made to higher post or grade, the appointing authority may direct that the appointee shall, instead of drawing the pay of such higher post or grade, draw the pay of the lower post or grade he held immediately before such appointment with such special pay as may be prescribed, but where the appointment is made on current charge basis or by way of additional charge, the pay of the appointee shall be fixed in the prescribed manner." In view of the above provision of law, the departmental authorities had the requisite power to put the appellant in charge of higher post on his own pay and grade. According to the appellant's learned counsel, since the words "in exigencies of service" were missing from the notification of placing the appellant in charge of the Superintendent's post, the above proviso would not be attracted. We are sorry to say that the learned counsel's line of thinking was not correct. It can always be presumed that such provisional orders are passed under compulsion of circumstances and as a stop‑gap arrangement. Even otherwise the appellant has not prayed for salary of Superintendent from the date of his appointment in that post on his own pay and grade in High Way Circle, Thatta. ' As pointed out above the appellant's prayer is that his pay as Superintendent be refixed w.e.f. 22‑12‑1986. On this date he was admittedly appointed as Office Superintendent in the office of S.E. Education Works Circle, Karachi. In order to consider the appellant's above prayer, it would be necessary to determine the nature and status of the appellant's appointment as Superintendent in the Education Department. In this connection we were first shown the appellant's own application for the above position. It was dated 31st July, 1986, addressed to the Project Director, Education Department, Government of Sindh, Hyderabad. He stated in the application that as the services of an experienced Assistant on promotion were required by the addressee, he offered his services for the same post. This factum is confirmed in para. 3 of the written statement in the following language: ??and subsequently he was transferred to Education Works Department at his own request as Superintendent BS‑16 on deputation basis. He was not appointed as Superintendent on regular basis by C&W Department nor by Education Department is evident from Education Department's Notification No. (E.VI)I(49)/1986, dated 22‑12‑1986." From the stand taken by the respondents as above, it was clear that the appellant was deputed to work in the Education Department as Superintendent, though not on regular basis. The notification of his appointment referred to in the above portion of the written statement may be reproduced for the sake of convenience as under:‑‑ "No.(E.VI)I(49)/1986: ‑‑Mr. Qayaumuddin Siddiqui, Office Superintendent, Highways Circle, Thatta is hereby appointed as‑Office Superintendent (BS‑16) in the Directorate of Engineering Works, Education and Culture Department on deputation basis and is posted as Office Superintendent, Office of the Superintending Engineer, Education Works Circle, Karachi. (2) The terms and conditions of his deputation will be settled later on." There is no indication in the above notification that the appellant would work as Superintendent on his own pay and grade. The background of this appointment also shows that appellant was made Superintendent on his own application. Therefore the question of his such appointment on appellant's own lower grade pay did not arise. Furthermore the above notification of his appointment left no doubt in my mind that the appointment was on deputation, the terms and conditions whereof were to be settled subsequently. It was however true that the appointment was not made on regular basis. For the purpose of regular appointment, the appellant's case had to g6 through the Departmental Promotion Committee if the ‑appointment was by way of promotion and he was to be selected by the Public Service Commission if the appointment was direct. In any case failure to have regular appointment would not affect his entitlement to salary of Superintendent's post. That salary is admissible even to the person appointed on ad hoc basis. Perhaps wrong impression was lurking in the mind of the departmental authorities, that unless the appellant's appointment as Superintendent was made on regular basis, he would not be entitled to full salary of that post. In fact the entitlement to full salary of Superintendent's post cannot be linked with the nature of appointment being regular or not. As soon as one is appointed in the post of Superintendent, unaccompanied by any undue strings, he would immediately be entitled to the full salary of the said post. Consequently following his appointment in the post of superintendent, without any strings, he was entitled to full pay of the post. Since his appointment was also on deputation it was necessary to settle the terms and conditions of the deputation. The deputation would entitle the appellant to some additional benefits over and above his normal pay of Superintendent's post. It would certainly not adversely affect or in any way reduce his normal emoluments. It would appear that by the C&W Department's Notification dated 17th December, 1988 the appellant's appointment as Superintendent was regularised; which only means that his seniority would be reckoned in the cadre of Superintendents in his circle from the date of regular appointment, which, however, would not have the effect of either enhancing or reducing his emoluments. It made no difference if he retired on the following day on attaining the age of superannuation. At this stage we may also refer to the Project Director's letter dated 5‑3‑1989, addressed to the Secretary, Education Department, Government of Sindh. While giving his comments on the appellant's appointment to the Education Department, he stated in para. 3 of his letter as under:‑‑ "

3. The appointment of Mr. Qayamuddin Siddiqui in BS‑16 vide your department letter No. (E.VI) 1(49)/1986, dated 22‑12‑1986 is not on ad hoc basis as such, it will be considered as an appointment on regular basis with effect from date of issue of the order i.e. 22nd December, 1986." Obviously above was the personal opinion of the Project Director. As already pointed out it was only after approval or clearance of the DPC or, as the case may be, of the Public Service Commission that the appointment would assume the status of regular appointment and again such appointment helps in computing proper seniority position. It has nothing to do with fixation or refixation of pay of the post. In view of above discussion, we are convinced that the appellant was appointed as Superintendent for the first time on pay of the said post and not on his own pay and grade, in the Directorate of Engineering Works, Education and Culture Department, w.e.f. 22nd December, 1986. He was therefore entitled to draw full emoluments attached to the said post from the said date. Consequently while allowing his prayer, we direct that his pay of Superintendent's post be refixed with effect from the aforesaid date i.e. 22nd December, 1986 from which he had continuously worked as Superintendent until his retirement on 18‑12‑1988. The impugned order is hereby set aside and the appeal is allowed with no order as to costs. H.B.T./417/Sr.S ????????? ??????????????????????????????????????????????????????????????????????? Appeal allowed.