1. NASIM HASAN SHAH, J.-This petition is directed against the order of the Federal Service Tribunal dated 8-6-1982, by which the petitioner's appeal (No. 70 (L)/79) was dismissed.
2. The relevant facts are that applications for the posts of Statistical Officers were invited by the Central Public Service Commission vide advertisement on 26th October, 1965. The following qualifications were laid down in the said advertisement :- "(1) Master's Degree in Mathematics/Economics/Commerce/Statistics with one year's experience in research on statistical technique.
3. Or
(2) Bachelor's Degree with any of the above subjects together with 3 years' experience in application of statistical method."
4. The petitioner holds a second class Master's Degree in Mathematics He was selected and was posted in the Central Excise and Land Customs, Lahore. He joined Service on 11-6-1966. At the time of his appointment, the status of a Statistical Officer was Class 11 Gazetted i. e. Equivalent to present National Pay Scale 16.
5. With effect from 15-8-1972 the posts of Statistical Officer was upgraded to Class 1 Gazetted (equivalent to National Pay Scale 17) vide letters dated 30-6-1973 and 15-12-1973. According to the instructions contained in letter dated 30-6-1973 the posts of Statistical Officer were upgraded where the minimum qualification and experience for direct appointment to the post were at least Second Class Master's Degree even in subjects other than Economics, Statistics, Commerce or a foreign degree with Economics and at least three years' experience.
6. The petitioner was given the benefit of the above instruction and was given the benefit of the above instructions and was allowed National Pay Scale 17 with effect from 15-8-1972 vide Gazette Notification dated 18-7-1974.
7. On 30-6-1975, instructions were issued for the grant of five premature increments in National Pay Scale 17 to certain categories of incumbents of National Pay Scale 17 posts. Clause (II) of the said instructions reads as follows :- "(II) The N. P. S. 17 posts for which the basic minimum qualification is a Master's Degree in any of the physical/natural science."
8. It has been clarified by the University of the Punjab vide their letter dated 22-5-1979 that the discipline of Mathematics on which the petitioner passed) falls under physical natural science.
9. The Ministry of Finance vide Office Memo. Dated 26-7-1975, however, issued a clarification that the concession of five premature increments is not admissible to an increment who does not possess the. Minimum qualification laid down as a condition for the post concerned within the scope of the above office memorandum. Nevertheless the petitioner applied for the grant of the concession of five premature increments.
10. The above request was turned down by the Accountant-General, Punjab vide letter dated 10-10- 1975 on the ground that M. A. In Natural Science is not the basic minimum qualification as laid down in letter dated 30-6-1975 as clarified by office memorandum dated 26-7-1975. What it was intended to be stated was that since the persons with lower qualification i. e. Bachelor's Degree were also entitled to appointment to the post in question vide qualification given in the advertisement of the Central Public Service Commis--sion, Master's Degree was not the basic minimum qualification.
11. The case of the petitioner, however, was referred to the Ministry of Finance, but it took no decision on his request on the ground that changes in the National Pay Scales were being considered by the National Pay Commis--sion. It was, therefore, not considered appropriate to take a decision on petitioner's request at this stage. In the Pay Revision Rules, 1977, which were introduced with effect from 1-5-1977 the grant of five premature increments was abolished.
12. Be that as it may the petitioner continued to claim five premature increments, to which he considered himself eligible prior to 1977. His case was again referred to the Finance Division, which was again turned down vide letter dated 29-7-1979 on the reasoning that Master's Degree is not the basic minimum qualification for the post as even holders of Bachelor's Degree were also eligible for appointment.
13. Aggrieved by this decision, the petitioner filed an appeal before the Federal Service Tribunal, who dismissed the same vide judgment and order dated 8-6-1982. Hence this petition for leave to appeal.
14. Two grounds have been urged in support of this petition. In the first place it is submitted that the qualifications for the post in question were changed when the up gradation scheme (from National Pay Scale 16 to National Pay Scale 17) was introduced vide letter dated 30-6-1973. Since the petitioner was upgraded from National Pay Scale 16 to National Pay Scale 17 under the said scheme with effect from 15-8-1972 vide letter dated 18-4-1974 the result was that the minimum qualification for the post became the Master's Degree. The argument is that it was only because the Master's Degree was the minimum qualification for the post that had been upgraded. It is on this circumstance that the argument for the change in the minimum qualifica--tions is based.
15. We, however, consider that this is not the correct approach to the matter. To see whether or not there has been a change in the minimum qualification, the contents of letter dated 30-6-1973 have to be examined. The mere fact of up gradation cannot be a criterion for determining where there that was a change in the basic minimum qualification for the post. Indeed, the up gradation could even have been ordered erroneously. To properly appreciate the situation the qualifications originally prescribed in the advertisement of the Public Service Commission need to be kept in the forefront. These were :- "(1) Master's Degree in Mathematics/Economics/Commerce/Statistics with one year's experience in research on statistical technique.
16. Or
(II) Bachelor's Degree with any of the above subjects together with three years' experience--."
17. A reading of the above advertisement shows that since persons holding Master's Degree and Bachelor's Degree were eligible for the post, the Master's degree was not the basic minimum qualification but it was the B. A. Degree which was the minimum qualification.
18. Now coming to the qualifications introduced at the time of up gradation as contained in the letter of the Establishment Division dated 30th June, 1973 it will be observed that the relevant qualifications were prescribed in Class It thereof, namely :- "Minimum qualification and experience for direct appointment to the post are at least Second Class Master's Degree even in subjects other than Economics, Statistics, Commerce or a foreign degree with economics and three years' experience."
19. The above clause, as worded, does not purport to lay down the minimum qualifications for the post but is only to tae effect that an Officer will be entitled to the up gradation provided the minimum qualification held by him is a Master's Degree. The amendment in the qualification in the above clause (ii) is only to the extent that the previous qualification. Of Master's Degree in Mathematics/Economics/Commerce/Statistics has been enlarged so as to include Master's Degree even in subjects other than the above. But by this it does not mean that the Master's Degree has become the minimum qualification. The minimum qualification still remains a Bachelor's Degree. Shortly stated the position boils down to this the qualifications, as prescribed is the advertisement of the Public Service Commission basically remain the same except that whereas in the advertisement an applicant must have held a Master's Degree in Mathematics/Economics/Commerce/Statistics the position was altered to the extent that it could now also be held in subjects other than the said subjects. However, the other qualification of possessing a Bachelor's Degree still remained intact and that being so the basic minimum qualification would be the Bachelor's Degree and not the M. A. Degree. Since the petitioner held an M. A. Degree and not the B. A. Degree the grant of premature increment, as envisaged in letter dated 30-6-1975 relating to grant of five increments read with Finance Division's letter dated 26-7- 1975 was intended to give the benefit of the advance increments to the incumbents of the post for which the basic minimum qualification was a M. A. Degree in certain disciplines and not in other disciplines. There is, therefore, no force in the first ground urged by the petitioner.
20. However, there is some force in the other ground urged by the petitioner, namely, that he. Has not been treated in the same manner as the Engineers. The arguments is that the letter relating to the advance increments dated 30-6-1975 dealt with the Engineers in clause (i) as under "The NPS-17 posts of Engineers, the prescribed minimum qualification for which is graduation in any branch of Engineering."
21. For Assistant Engineer, Grade-17, the qualification prescribed is gradua--petition in any branch of Engineering. Persons holding Diploma of Engineers and the qualification of AMIE are also eligible to the post of Assistant Executive Engineer. The Finance Division vide litter dated 30-6-1976 had declined five premature increments to Diploma Engineers on the ground that they did not have the basic minimum qualification of graduation. This stand, it is submitted, is inconsistent with the stand taken by it while dealing with the case of the petitioner.
22. It is explained that the following persons are entitled to be appointed as Assistant Executive Engineers :-
(i) Degree holders ;
(ii) Diploma in Engineering holders ;
(iii) AMIE Diploma holders.
23. It is apparent that the qualifications listed at (it) and (ill) above are lower qualifications. But in their case the Finance Division has taken the higher qualification (degree) to be the minimum basic qualification and has given the benefit of advance increments to persons possessing higher qualifi--cations, although persons with lower qualification were entitled the post.
24. The petitioner supports his arguments by referring to letter dated 11-9-1976 (page 44 of the paper book), wherein it has been stated that "the rationale in the grant of advance increments to graduate engineers was that they have to spend long periods 4/5 years of regular studies after Inter--mediate to acquire their degree. In the case of AMIE there is no fixed period for clearing the A & B Section Exams. The two cannot, therefore, be considered equal for the purpose of grant of advance increments".
25. The grievance of the petitioner on this score seems to have weight. The basis of grant of five increments is the letter of the Establishment Division dated 30-6-1975. Herein. Clause (i) deals with NPS-17 posts of Engineers and clause (ii) deals with NPS-17 posts for which the basic minimum qualification is Masters degree. While implementing the same letter, the higher qualification has been taken to be the minimum qualification in the case of the Engineers and the lower qualification has been taken to be the minimum bask qualification in the case of Statistical Engineers. The plea is that different yardsticks have been adopted for two categories.
26. This case requires further consideration, on the last mentioned ground.
27. Leave granted.
28. The appeal to be made ready on the present record with liberty to the parties to add further documents, if any and to be put up for hearing at an early date.