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Appeal No. 76 (R) of 1981, decided on 15th May, 1983.

‑‑S. 17‑Pay‑Civil servant entitled to sanctioned pay of post to which appointed‑Officer serving in Grade‑16‑Post upgraded to Grade‑17 with retrospective effect subject to condition that no arrears would be allowed for period prior to date of notification‑Such order, held, by necessary implication amounted to appointment of incumbent to higher grade from date of order‑Claim for arrears of pay in circumstances, held, not sustainable and provision of S. 17 not attracted and inapplicable.

M. S. Siddiqui for Appellant.

Syed M. Shahudul Haque, State Counsel for Respondents.

Date of hearing : 28th March, 1983.

The relevant background of the case is that the erstwhile Inter‑Provincial Co‑ordination Committee (now defunct) had in its meeting held in May, 1977, taken a decision to make recommendations that all posts of the Agriculture Assistants and the Veterinary Assistants should be upgraded to Grade‑17 with effect from 1‑5‑1977. The recommendations were accepted by all the respective Provincial Governments and action was accordingly taken by the Provinces, while the Federal Ministry of Food and Agriculture also initiated a case for upgradation of the posts of the Agriculture Assistants and the Veterinary Assistants working in the departments of the Federal Government, and grant of N. P. S‑17 to the existing holders of those posts who possess the requisite qualifications. The matter remained under examination and process and ultimately the Inter‑Provincial Conference held on the 5th November, 1980, had accepted the aforesaid proposal and made recommendations that all the posts of the Agriculture Assistants and the Veterinary Assistants in the attached Department of the Federal Ministry of Food and Agriculture, should be upgraded with effect from the 1st May, 1977, but no arrears should be allowed to the existing incumbents of the posts for the period from the 1st May, 1977, to the 30th June, 1980. The President of Pakistan was pleased to accept the above recommendations in toto and a Notification dated 29‑12‑1980 was accordingly issued by the Food and Agriculture Division notifying upgradation of the posts including the one held by the appellant to N. P. S‑17 with effect from the 1st May, 1977, subject to the condition that no arrears would be allowed to the incumbents of the posts for the period from the 1st May, 1977, to the 30th June, 1980, which by necessary implication, means that it was decided by the competent authority to promote the appellant to Grade‑17 with effect from the 1st July, 1980.

2. The appellant, an Agriculture Assistant in Pakistan Agricultural Research Council, submitted an appeal/representation dated 3‑2‑1981 to the President and C. M. L. A. agitating against non‑payment of the arrears for the said period and praying that the aforesaid arrears should be paid to him. In reply thereto he was informed vide Food and Agriculture Division's O. M. dated the 24th February, 1981, that his request could not be acceded to. The appellant then instituted the present appeal in this Tribunal on 26‑3‑1981.

3. It is mainly contended on behalf of the appellant that he is entitled to the payments of the aforesaid arrears according to the provisions of section 17 of the Civil Servants Act, 1973, and in view of the fact that the Inter‑Provincial Co‑ordination Committee recommended in May, 1977, that the posts should be upgraded with effect from the 1st May, 1977, which was accordingly done by all the Provinces. According to the learned counsel for the appellant the recommendations of the Inter‑Provincial Conference held on 5‑11‑1980, are inapt and irrelevant. The contentions are altogether fallacious and the appellant's claim is without any valid foundations. Needless to say that the recommendation of the erstwhile Inter‑Provincial Co‑ordination Committee was at best an advice, having no binding effect, and in the absence of its acceptance by the competent authority, creates no right. Similarly the decisions and actions of the Provincial Governments are also not binding on the relevant authorities of the Federal Government. Quite obviously, it is only the acceptance by the President of the recom mendations made by the Inter‑Provincial Conference held on 5‑11‑19250, which created some right in favour of the appellant and that too only to the extent it was granted. We are thus led to an irresistible conclusion that the decision of the President not allowing the arrears with effect from the 1st May, 1977, to the 30th June, 1980, is unexceptionable and .does not call for any interference. After all it is the same decision of the President which was adopted for upgradation of the post held by the appellant and thereby benefiting him ; the appellant, therefore, cannot be allowed to turn round and say that the said decision was valid for one purpose and invalid for another.

4. The submission of the learned counsel for the appellant placing reliance upon section 17 of the Civil Servants Act also, in our view, is totally misconceived for the simple reason that what section 17 provides is that a civil servant shall be entitled to the sanctioned pay of the post to which he is appointed. Quite clearly, the appellant was never appointed to the upgraded post in N. P. S‑17 during the period for which he is claiming the arrears inasmuch as during the aforesaid period he continued to remain appointed in Grade‑16 and was appointed to Grade‑17 by necessary implication, only with effect from the 1st July, 1980. Therefore, the provisions of section 17 of the Civil Servants Act, 1973, are not attracted and are inapplicable to his case.

5. In view of the foregoing the appeal having no merits is dismissed with no order as to costs.

Appeal dismissed.

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