' The appellant is aggrieved by the decision of the educational authorities of Sargodha Region categorising him as untrained teacher and refusing to place him in NPS-14, the scale of pay given to Senior English Teachers. In this connexion he impugns order dated 2nd June, 1980, WAS made by-the Director of Education, Sargodha Region.
2. The appellant was selected on ad hoc basis by the Divisional Recruitment Committee, as temporary S. E. T. (now designated as Senior School Teacher) in the Electrical Trade Group (Radio Servicing) and posted in the Government Technical High School, Jauharabad, as untrained teacher on fixed pay of Rs, 350 p. m. Plus allowances. His technical qualifications were a 3 years' course in Electrical Technology from the Government Polytechnic Institute Faisalabad, and the Diploma of Associate Engineer (DAE) given by the Board of Technical Education. On 17th May, 1978 the appellant submitted an application for award of NPS-14, attached to the post of S. E. T. Or S. S. T., citing the case of I 1 persons holding the same, qualifications who had been appointed in regular NSP-14 by the Directorate of Education, Multan. On 1st March, 1979 he made another application referring to the appointment of one Muhammad Amin Akhtar, Matric and DAE, who had also been placed in NPS/14. Ultimately his request was rejected through the impugned order because he did not hold a diploma in Radio Electronics from a recognized Polytechnic Institute.
3. I have heard learned counsel on behalf of the appellant and the learned District Attorney for the respondents. The contention on behalf of the appellant was that nowhere are any rules in existence which prescribe qualifications for the post of S. S. T. (Technical). In the advertisement for the post for which he applied the only qualification mentioned was Diploma of Associate Engineer. During the interview also nothing was mentioned about the absence of a qualification in Radio Servicing being a handicap. He was appointed as S. S. T. And under the Civil Servants Act he should get the scale of pay of the post for which he was selected. Moreover, there was no rule in existence where under an untrained teacher was to be paid a fixed salary. Learned counsel quoted the cases of other persons who had qualifications similar to the appellant and had been given regular posts in NPS/14. The learned D. A. Controverted these arguments by submitting that the post for which the appellant was selected was for Radio Servicing. It had been decided by the Education Department that if teachers qualified in Radio Servicing were not available persons possessing a Diploma in any Electrical Trade Group be recruited for the time being, replaced by qualified teachers whenever available and then shifted to posts of their own particular electrical trade. It was on the basis of this decision that the appellant was appointed. The letter of appointment made this quite clear to the appellant. As for the cases quoted by the appellant, all those persons did possess the qualification prescribed for the posts for which they were selected. The learned D. A. Contended that since the appellant was working on a fixed salary he could not be termed as a civil servant, and since he had accepted the salary for more than a year he was estopped from agitating against it.
4. From what has been argued before me in this matter I do not think that the appellant can really complain that he has been deprived of his dues. It is correct that his technical qualification entitles him to NPS-14 provided he is teaching Abe subject in which he has qualified as a diploma engineer, but the weak point in his case is that he accepted with eyes open the appointment as a temporary untrained teacher on a fixed salary. The same letter of appointment which set out his terms of service also made his appointment subject to the Punjab Civil Servants (Appointment & Conditions of Service) Rules, 1974, so the arguments of the learned DA that the appellant was not a civil servant does not hold good. During the hearing the question in my mind was why at all the appellant had been appointed to teach Radio Servicing if he did not possess the prescribed qualification. But whatever one may have to say about the wisdom of the departmental decision, it is correct that they had decided to make do with diploma-holders in any electrical trade as a stopgap arrangement rather than do without teachers qualified in Radio Servicing, and one cannot quarrel with that decision. In view of the fact therefore, that the appellant is working under the terms and conditions of service which he was offered through the appointment letter, and which he chose to accept without demur, I do not find myself able to help him in the matter of salary in NPS-14 which he wants.
5. This appeal consequently fails and is dismissed as such. This Court, however, hopes that the respondent department will soon be able to accommodate the appellant in a post related to the trade in which he is qualified so that he can work in a regular scale of pay.