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Writ Petition No. 1674‑S of 1981, heard on 27th October, 1985.

‑‑‑S. 17‑‑Provisional Constitution Order (1 of 1981), Art.9‑‑WAPDA Employee, held, was entitled to get pay according to posts he held during period he was posted thereto by competent authorities.

Haji Noor Muhammad v. Government of Pakistan through Secretary Fuel, Power and Natural Resources, Islamabad and others; Federal Service Tribunal; No. 163 of 1980 and the circular letter of the WAPDA, dated 26‑11‑1984 rel.

Abdul Wahid Chaudhry for Petitioner.

Sh. M. Ehsan Jan for Respondent.

Date of hearing: 27th October, 1985.

The petitioner was an Assistant in the Electricity Department of the West Pakistan Government. In the month of April, 1959 Water and Power Development Authority Act was enforced and the Electricity Department of the West Pakistan Government alongwith the staff was merged in WAPDA under section 17 of the WAPDA Act, 1958. On 1‑6‑1959 when the petitioner was acting as an Assistant in the Electricity Department of the West Pakistan Government, he was transferred and posted as Accounts Assistant in the office of the Chief Accountant Electricity of WAPDA. He held that post uptil 14‑11‑1961. Then he was appointed as a Divisional Accountant but was given the pay of Assistant plus 30 special pay. This post he held uptil 1‑7‑1965. He was demoted to the post of Accounts Assistant. However, on 20‑1‑1966, the petitioner was promoted as Assistant Accountant but was granted 121/4% of the basic of the higher post. This arrangement continued uptil 26‑11‑1968 when the petitioner was regularly appointed as Assistant Accountant.' Through this Constitutional petition, the petitioner submits that he should have been paid the salary of the post of which he was posted by the competent authorities. He has referred, in somewhat identical circumstances, to the case of one Haji Noor Muhammad v. Government of Pakistan through Secretary Fuel, Power and Natural Resources, Islamabad and others (Civil Appeal No. 163 of 1980 decided on 26‑6‑1985) where it was so ordered that a person holding a post is entitled to the pay of that post. It has also been submitted that in view of the decision of the Federal Service Tribunal, dated 27‑5‑1984, wherein it was stated that "even if without formal promotion, a civil servant is appointed to perform the function of a higher post involving higher responsibilities must be held to be entitled to the pay of that higher post. The mention in the orders "in his own pay scale and without any extra remuneration" does not make any difference because this condition being contrary to the settled legal position and a vested right is simply inoperative", an office order was issued by WAPDA on 26‑11‑1984 to the following effect:

"In view of the above decision of the Federal Service Tribunal, the Department has no alternative but to pay the emoluments of the higher post to the appellant."

2. The contention of the learned counsel appearing for the petitioner is that in view of law and the general decision of the WAPDA authorities, the petitioner is entitled to the pay of the post which he was holding either as Accounts Assistant, Divisional Accountant or Assistant Accountant.

3. Learned counsel appearing for the respondent authorities submits that the case shall be examined in accordance with the law laid down by the Supreme Court of Pakistan in Civil Appeal No. 163 of 1980 and the circular letter of the WAPDA, dated 26‑11‑1984.

4. In view of the judgment of the learned Supreme Court of Pakistan and the circular letter issued by the WAPDA wherein it has been decided that a person holding a post shall be paid the salary thereof, the case of the petitioner for payment of the salary in accordance therewith, shall be considered and he be paid salary of the posts of Accounts Assistant, Divisional Accountant and Assistant Accountant, during the period be was posted thereto. The petition is accordingly allowed. But in the circumstances, the parties shall bear their own costs.

H. B. T.

Petition allowed.

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