Syed Arshad Ali, Member.--The appellant above-named being aggrieved arid dissatisfied through the list at hand assailed the impugned letter dated 27.10.2015 whereby the appellant was denied the payment of dues and benefits as were entitled to him from the date of his initial appointment on the basis of the judgment passed by this Tribunal on 10.09.2015 in Appeal # 251 (K)CS/2003 Abdul Wahid Shaikh and others vls Federation of Pakistan hence this appeal praying that the impugned order be set aside and the appellant be granted (BPS-17) from the date of his joining in (BPS-16) with all consequential benefits on the basis of the judgment of this Tribunal ibid.
2. The appellant passed B.Sc. (Hons) in the year 1977 (with transcript of B.Sc.) and M. Sc. (Zoology) in the year 1980 (with script for M.Sc). The appellant later was appointed on 25.09.1980 in the department of Plant Protection, Government of Pakistan, in BPS-16. The appellant was subsequently granted BPS-17 on 18.01.2010.
3. Earlier on M/s. Abdul Wahid Shaikh and Muzaffar Iqbal were denied the BPS-17 on the basis of their qualification of M. Sc. (Zoology) by the department. Both incumbents with two others had filed their service Appeals # 251(K)CS/2003 to 254(K)CS/2003 on 18.07.2003. These appeals were dismissed by this Tribunal vide judgment dated 20.09.2007. The judgment was assailed before the Hon'ble Supreme. Court of Pakistan in Civil Appeal # 772 to 775 of 2007 decided on 15.05.2013; operative part of the judgment is reproduced hereunder as: "8. ...The Service Appeals of the appellant shall be deemed to be pending before the Tribunal. The parties are directed to approach the HEC for issuance of equivalence certificates, as per the prescribed proforma (E-01) mentioned in their letter dated 10.03.2007, and thereafter the same be filed before the Tribunal, which shall take the same into consideration and decide the appeals afresh on merits. The parties shall ensure that such process of obtaining equivalence certificates from HEC is completed within a period of two months positively. Thereafter, the same shall be placed before the Tribunal, which shall take the same into consideration and decide the appeals afresh on merits on the basis of equivalence certificates within a period of two months".
In pursuance thereof, the certificate of Higher Education Commission (HEC) became mandatory.
The appellants were to submit (E-01) form and the HEC had to issue certificate. The HEC had issued the equivalence certificate stating therein that for B.Sc. (Hons) and the M.Sc. degrees, the required qualification is 16 years education in general stream and four years Intermediate/ 12 years schooling. Abdul Wahid Shaikh with M.Sc. and Muzaffar Iqbal with M.Sc. degree were thus declared at par with the B.Sc. (Hons) and allowed BS-17.
4. In the lis at hand, the appellant produced the equivalence certificate from Higher Education Commission vide letter dated 17.12.2015 on the request of appellant which he had formally made on E-01 form dated 07.10.2015. In deference to the judgment of Hon'ble Supreme Court of Pakistan, as referred to above in para-3 supra, the impugned order is thus set aside and he appeal is allowed in terms as prayed. No order as to costs.
5. Parties be informed accordingly.