2001 PLP (C (PLC(CS))

MUHAMMAD AYUB KHAN (MEMBER).

The learned counsel for the parties have been heard and record perused.

2. Facts of the case as appear from the record, are that the appellant was given current charge of the post of Director-General (B-20), Registration, which fell vacant due to the transfer of Mr. Zulfiqar Ali Qureshi to his original cadre, by order dated 12-9-1996 (copy Annexure A/II, Page 6 of the file) and prior to that he was ordered to look after the post by order dated 12-8-1996 (copy Annexure-A/I, Page 5 of the file). However, later on he was formally promoted to the post of Director-General (B-20), Registration, with effect from 24-1-1998 vide Notification dated 2-2-1998 (copy available at Page-8, Annexure-C, of the file). As the appellant was not promoted from the date of grant of current charge of the post, he filed a departmental appeal for redressal of his grievance which was rejected on 11-4-1998 but the reply was received by him on 20-4-1998, against which he filed the present service appeal in this Tribunal on 19-5-1998 which is within time. A perusal of the record indicates that the appellant is duly qualified and eligible for appointment against the said post. The respondent, Ministry of Interior, has, however, contested the appeal and holds the view that the appellant is not eligible for ante-dation of his promotion. We have carefully gone through the record, inclusive of the judgment, dated 21-1-1997, vide which, in a similar situation, one Mr. Muhammad Akhtar, Solicitor, Law and Justice Division, was allowed ante-dation of his appointment in B-20, from the date when the Post fell vacant. Reliance has also been placed on a judgment reported in 1993 SCMR 609 regarding current charge duties appointment.

4. The learned counsel for the respondents contended that the appellant was not entitled to ante-dation of his promotion and in this respect he placed reliance on judgment of the Honourable Supreme Court contained in PLD 1994 SC

203. We have gone through this judgment but the facts involved therein do not coincide with the facts involved in the instant appeal. Ante-dation of promotion can be made even after retirement from service of an incumbent. Reliance is placed on 1998 SCMR 736 & 2237 and 1998 PLC (CS)

980. It is an age of awareness, gone are the days when payment of pay and-allowances was considered to be bounty of the State. Much water has gone under the bridge. Now payments of fringe benefits, inclusive of pay and allowances are considered statutory rights and are governed by the statutes duly supported by a tradition of the Holy Prophet of Islam (p.b.u.h.) which enjoins that pay wages to the labourer before drying up his sweat: In face of the present galloping and sky-rising inflation salaried class is mostly hard hit-one.

5. Pursuant to the aforesaid discussion this appeal is accepted and the prayer made is accordingly acceded to leaving the parties to bear their own costs. Copies of this judgment shall be sent to all concerned for implementation. H.B. T./562/Sr. Trib Appeal Accepted.