Find a Lawyer

Appeal No.150(R) of 1984, decided on 11th May, 1986.

‑‑‑S. 4‑‑Civil Servants Act (LXXI of 1973), S. 4‑‑Civil servant promoted as temporary measure‑‑Subsequent regular promotion of such civil servant‑‑During officiating period emolument of officiation to promoted post not paid‑‑Claim of ante‑dated promotion and emoluments of officiating period‑‑Refusal‑‑Appeal‑‑Limitation‑‑Refusal td pay arrears of pay and emoluments being a continuous wrong, every refusal thereof, held, would give a fresh cause of action‑‑Delay, if any, in filing appeal about claim of pay of officiating period, held, could be condoned in circumstances.

‑‑‑S. 4‑‑Civil Servants Act (LXXI of 1976), S.4‑‑Seniority‑‑Claim of ante‑dated promotion‑‑Where promotion of civil servant was made on purely temporary basis, subject to condition, that such civil servant would have no claim of seniority, such civil servant, held, could not claim ante‑dated seniority.

‑‑‑S. 4‑‑Civil Servants Act (LXXI of 1976), S. 4‑‑Appeal by civil servant claiming ante‑dated seniority and arrears of pay‑‑Civil servant found entitled to arrears of pay/emoluments but found not entitled to ante‑dated seniority‑‑Appeal regarding arrears of pay accepted while about ante‑dated seniority rejected.

Muhammad Asghar Khan for Appellant.

M. Sadiq Abbasi for Respondents.

Date of hearing: 11th May, 1986.

‑‑While working as LS‑I in WAPDA, at Rawalpindi, the appellant, Zardad Khan, was promoted to officiate as Junior Engineer and placed at the disposal of S.E. GSO Circle, Hyderabad, on the following terms and conditions:‑

"(1) The above promotion has been made purely as temporary measure and he can be reverted at any time without any notice.

(2) He will have no right of promotion or seniority in case of reversion.

(3) He will have no claim of seniority over his seniors on the combined seniority list of LS‑I maintained by the office of MDP, WAPDA.

(4) The promotion has been made to run the show in the above newly‑created circle and reversion can be affected on the posting of a Jr. /Engr."

It appears that the appellant was not paid the pay of the post of Junior Engineer, but was directed to work in his own pay and scale, i.e. that of LS‑I. Finally on 19‑3‑1983 the appellant was regularly promoted as Junior Engineer. Against the order of his promotion, he made representation requesting that the order be ante‑dated to be effective from 1‑9‑1974 since when he is performing the duties of Junior Engineer, and that he should be given the seniority and also the pay of the post from that year. This representation was rejected by the competent authority on 15‑1‑1984. Communication was received by the appellant on 27‑2‑1984, and the present appeal was filed before us on 21‑3‑1984.

2. The learned counsel for respondent has raised a preliminary objection with regard to limitation, inasmuch as the appellant got cause of action in 1974, but did not pursue the matter. No doubt this is so, but then the fact cannot be denied that refusal to pay the arrears of pay and emoluments is a continuing wrong and every refusal gives a fresh cause of action. It appears to us that the appellant has been continuously requesting for the grant of pay of the post, but his request was not acceded to. It was on 19‑3‑1983 that effective order of his regular promotion was passed and even then he was not given the emoluments from the date of his continuous officiation against the post of Junior Engineer. The delay, if any, in these circumstances, is condoned.

3. As far as the claim of the appellant regarding seniority is concerned, we are not inclined to accept the same, the reason being that the promotion of the appellant in 1974 was made on purely temporary basis, subject to the condition that he will have no claim of seniority. It is not denied that when his promotion was made, several persons senior to him were still working as LS‑I. We, therefore, reject the appeal as far as the claim of the appellant with regard to seniority is concerned. However, since the appellant is continuously working as Junior Engineer since 26‑6‑1974 when he took over the charge, he would be entitled to the pay of the post from the date, inclusive of increment accruing annually from time to time. His pay is consequently to be revised accordingly. The respondents are directed to pay immediately the arrears of emoluments to the appellant.

4. The appeal is partly accepted as above and parties be informed accordingly.

A.A. /355/Lb/S

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.