1992 PLP 276 (PLC)

S. Abdul Rehman for Respondents. Date of hearing: 28th September, 1991. This is an appeal against the order dated 2-4-1991 passed by the learned Presiding Officer, Sindh Labour Court No. VII at Sukkur , whereby the grievance application of the appellant was rejected. 2. I have heard Mr. Manzar Alain for the appellant and Mr. S. Abdur Rehman for the respondent and I have also gone through the- record and proceedings of the case. . 3. In the grievance petition, the appellant had prayed that his pay had wrongly been fixed in Pay Scale No. 8 but he was entitled to Pay Scale No. 10. His main ground for claiming B.P. Scale No. 10 is that person drawing lesser pay than him namely Muhammad Yousuf was placed in Pay Scale No. 10. The pay scales were revised on 13th May, 1977 and then subsequently on 11th July, 1981. On perusal of these two revised pay scales, it would appear, that pay of the employees in pay scales Nos. 8, 9 and 10 is overlapping. Therefore, the mere fact that the person drawing lesser pay was in B.P.S. 10 would not entitle the appellant to get the higher scale of pay. 4. On representation of the appellant for being given Scale No. 10 he was replied by respondents vide their letter dated 10-7-1989 wherein it is stated that his pay was fixed in Scale No. 8 as he was drawing Rs.748 therefore he was not eligible for Pay Scale "No. 10. The letter of the respondent dated 14-3-1982 however shows that appellant was in Pay Scale No. 9 and that he was granted special increment recommended by the Assistant Agricultural Engineer, Khairpur dated 14-3-1982 and therefore his pay was raised from Rs.742 to 748. This letter-dated 14-3-1982 contradicts the stand of the respondent taken in the letter dated 10-7-1989 that the appellant was in Pay Scale No. 8. There is no evidence to show as to what was the pay of the appellant before the revision of the pay scales on 13th July, 1981. Prior to this revision the maximum pay of Grade-8 was Rs.640 therefore appellant could not be in Grade-8. After revision of pay scales in 1981 the Scale No. 9 was fixed as 390--20--590/22--700--24--820, whereas pay Scale No. 8 was fixed at 370--16--514--18--640--22--750, Scale No. 10 was fixed at 410--22--520--24 =-760--28--900. If we take the pay of the appellant on 14-3-1982 to be Rs.724, he would only be under Scale No. 9. The last pay of Scale No. 9 was 700--24--820. He was also awarded special increment of Rs.24 which also supports the conclusion that he was in Pay Scale No. 9. The maximum increment that could be granted under Scale No. 8 was Rs.22 therefore he could not have been in Scale No. 8. Keeping all this evidence in view .in my opinion, the appellant was in B.P. Scale No. 9 and his pay has been fixed g accordingly vide letter dated 14-3-1982. He has not produced any evidence to show that he was entitled to move over in BPS-10, therefore, his prayer to be awarded BPS-10 has rightly been rejected by the learned Labour Court but he is entitled to BPS-9, in which scale his pay has already been fixed. This appeal stands disposed of in above terms. H.B.T./1981/Lb.S Order accordingly.