Senior agriculture scientists seek pre-mature increment on up-gradation
December 26, 2012
Senior Agricultural Scientists urged the Punjab government to award them one special advance increment as is allowed to other civil servants in their upgraded pay scale. In a petition to the Governor, Chief Minister, Chief Secretary and the secretaries (Agriculture & Finance Departments), these scientists have urged for implementation of the same policy for them as it was adopted by the Finance Department for other Civil Servants vide Notification No FD-PC-32-7/2007 dated 26.09.2007.
In a statement issued jointly by the aggrieved scientists on Tuesday, they said that in response to the submission of their representations/appeals before the Governor and the Chief Minister Punjab, the Governor’s Secretariat vide No SO(C-I) GS/2-1/2011(B) dated 19.10.2011 and the Chief Minister’s Secretariat vide No PA/ASA/CMS/11/OT-47/C/0114947 dated 30.09.2011 issued directives to the Secretary, Agriculture Department regarding grant of one pre-mature increment or one special advance increment to the said aggrieved class of Senior Agricultural Scientists on their up-gradation w.e.f. 17.02.2009 by following the same policy which was declared by the Finance Department under the Notification vide No FD-PC-32-7/2007. But these directives, unfortunately, were proved to be ineffective and fruitless as the request on this behalf of the administrative department (Agriculture Department) has been declined by the Finance Department vide No FD-PC-32-7/2007(803/2011) dated 19.03.2012 without mentioning any reason thus, created a disparity for the Department. They said this disapproval by the Finance Department is clearly leading to vague and void decision and thus has no legal status and as such is liable to be set aside. They said that these secretariats have failed to play their role in ensuring enforcement of the supremacy of law for entitlement of said legitimate right.
They further said that this issue on all fours has also been resolved for all those Civil Servants whose pay scales of the posts were up-graded, by a single order passed by the Supreme Court of Pakistan while delivering a judgement on 28.01.2002 passed in appeal No 637 of 1998 that up-gradation tantamount to promotion. In light of these Orders of the apex Court, the Federal Service Tribunal (FST), in a similar appeal No 20(L)CS/2011 directed the respondents to grant one pre-mature increment on up-gradation. In compliance of the FST judgment, the Finance Division, Islamabad vide letter No 11(4)R-2/2011-417 dated 14.05.2012 has already given its concurrence to the grant of one pre-mature increment on up-gradation to the successful litigant in the aforementioned appeals. They said that the claim of the said aggrieved class of Senior Agricultural Scientists is the same. They further added that the same view on this law point has been followed by the FST in its judgements dated 04.10.2012 passed in appeals No 1315 and 1316(R)/CS/2012 and dated 04.10.2012 in appeals No 2884 and 2885 (R)/2012 relying upon the judgment of the Honourable Supreme Court of Pakistan dated 28.01.2002.
Expressing the afterwards effects of it, they said if the said policy of the Finance Department or the Orders of the Supreme Court of Pakistan dated 28.01.2002 for grant of one pre-mature increment on up-gradation were not implemented in a true spirit, they will suffer by an incurring pecuniary loss on account of reduction in take-home salary status and accordingly in terms of less pension benefits on retirement as compared to their Junior Scientists despite the fact that they have served a lengthy period against the supervisory cadre posts of BS-17 + Rs 150/- per month as special pay (now up-graded to BS-18 cadre posts) as compared with their Junior Scientists.
They urged that the orders for grant of one special advance increment or one pre-mature increment be issued on priority basis in favour of the aggrieved class of Senior Agricultural Scientists by following the said policy of the Finance Department or implementing the Orders of the Supreme Court without any further delay.