Here I will dilate upon the issue of appointment to a higher post in own pay and scale. It should must be kept in mind that as per Punjab Civil Service Rules there is no legal backing of appointment of any employee to higher post in his own pay and scale. Here I would like to quote Section 16 of the Punjab Civil Servants Act, 1974 which explicitly provides that a civil servant appointed to a post shall be entitled to the pay sanctioned for such post.
However, there are certain provisions of Acting Charge and Current Charge appointments which too allows the pay of the post on which an employee is appointed.
Apart from that government has provided additional charge allowance wherein additional charge of a post is entrusted to some employee in addition to his substantive post. However, in certain cases a vague orders as to look after a post is issued and on that pretext financial benefits is declined to the employee looking after the work of higher post. Ironically the said practice is not only illegal but the Government of the Punjab has already clarified this wrong through a government instruction wherein it has been affirmed that merely the look after arrangement clearly means additional charge and the person so working is entitled to additional charge allowance.
Supreme Court of Pakistan has also held in a leading judgment that there is no provision which could authorize the Government or Competent Authority to appointment any officer on higher grade on “Own Pay And Scale Basis (2014 SCMR 1189). Hence, appointment to a higher post in own pay and scale is illegal and the authorities should avoid from issuing such order. However, even then some government servant is appointed to a higher post in his own pay and scale should approach the authorities claiming full pay of the post keeping in view that he is discharging complete duties of the higher post.