1995 PLP (C (PLC(CS))

Ministry of Finance (Military) Karachi, dated the 26th OctoNr,1964 From: M.R. Qureshi, Esqr, Asstt. Financial Advisor, Ministry of Finance (Mily) Karachi. To The Military Accountant General, Rawalpindi. SUBJECT: GRANT OF SPECIAL PAY TO DACMA working against the posts of Group Officers: Sir, I am directed to refer to your Letter No. 336/AN/236‑III dated 1‑11‑1963, on the above subject and to convey the sanction of the President to the grant of Special Pay equal to 10% of pay to a Senior DACMA when appointed as Group Officer, against a sanctioned vacancy of a Group Officer. Your obedient, servant, (Sd.) M.R, QURESHI, ASSISTANT FINANCIAL ADVISER." It was in pursuance of that order that the appellant, was allowed special pay at 10% of his pay on his appointment as Group Officer. The respondents have stated that the post of Group Officer was meant for ACMAs in BPS‑17 and DACMAs in BPS‑17 were appointed as Group Officers only when the ACMAs were not available and they were allowed special pay at 10% of their pay for the obvious consideration that they had to discharge higher responsibilities which were to be ordinarily discharged by the ACMAs. This view is deduced from a Confidential Letter of Military Accountant‑General 'No.336‑AN/236 III, dated 1‑11‑1963 addressed to the Ministry of Defence (Finance) Karachi, a copy whereof was placed on record at the hearing of the appeal. The appellant did avail of that benefit until he was DACMA (BPS‑17) and it was discontinued on his appointment on acting charge basis as Deputy Accountant General (B‑18) vide order dated 14‑1‑1989. This was the crucial stage where the dispute over payment of special pay arose. It is, therefore to be considered what is the impact of the appointment on acting charge basis. Rule 8‑B(1) of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 provides that where the appointing authority considers it to be in the public interest to fill a post reserved under the rules for departmental promotion and the senior most Civil Servant belonging to the cadre or service concerned, who is otherwise eligible for promotion does not possess the speed length of service, the authority may appoint him to that post on acting charge basis. Rule 8‑B(3) provides that in the case of a post in Grade‑17 and above, reserved under the rules to be filled by initial appointment, where the appointing authority is satisfied that no suitable officer of the grade in which the post exists is available in that category to fill the post and it is expedient to fill the post, it may appoint to that post on acting charge basis the senior most of the officer otherwise eligible for promotion in the Organization, cadre or service, as the case may be, in excess of the promotion quota. It is provided under sub‑rule (6) of Rule 8‑B that acting charge appointment shall not amount to appointment on promotion on regular basis for any purpose including seniority. Thus, the promotion on acting charge basis is made to meet certain eventuality and if does not confer on promotee the status of a regular promotee. It is provided under Finance Division O.M. No. 1/9/81‑R.II (B), dated 12‑1‑1981 that a civil servant on appointment holding a post on acting charge basis shall assume full duties and responsibilities of the post and exercise all statutory, administrative and financial powers vested in the regular incumbent of the post; and during the period of such appointment, be entitled to draw fixed pay equal to the minimum` stage of the pay at which his pay would have been faced had he been appointed to that post on regular basis. It follows that the appointment on acting charge basis does not entitle the appointee to the full benefits of the higher post he is appointed to on acting charge basis. That being the case, the appellant who 'was posted as DCMA (LC) vide order dated 14‑1‑1989 and assigned the duty of Group of AN, Fund, Store and Record Sections as per order dated 15‑1‑1989 was entitled to continue drawing the special pay at least until he was regularly promoted to BPS‑

18. It was stated at the hearing that the appellant was regularly promoted as DCMA on 15‑1‑1990 and he retired on superannuation on 22‑9‑1990. The appellant was thus entitled to draw special pay until 14‑1‑1990 he held the post of DCMA on acting charge basis. The appeal is allowed to that extent with, no order as to costs. M.Y.H./642/Sr.F Appeal allowed.