DR. A.Q. QAZI (MEMBER).--This one single order shall govern and dispose of two connected appeals No. 64 of 1985 and 44 of 1986 filed before this Tribunal. Briefly to state the facts in Appeal No. 64 of 1985 the appellant joined the Education Department as a Junior School Teacher, (JST) vide Order No. DEO/West/(4545-53)/78, dated 12-3-1978. The order shows that he was B.Sc. With Mathematics at the time of appointment but was not a trained teacher and his scale of Pay as granted in order is 370-16-514/18-640. Annual increment was granted to him on 1-12-1978 to 1-12- 1979 by the Headmaster of Delhi Government School. On 11-6-1980 his services were dispensed with vide order No. DEO/West/ (Male)/ (5524-26)/80 'as no longer required'. Against this order of 11-6- 1980, finally he filed a service appeal No.56 of 1980 which was allowed. The operative part of the decision reads as under: "We accordingly set aside the order of removal and direct that the appellant may be immediately re-instated as a Junior School Teacher. We further direct that he may be paid the arrears of salary and emoluments from the date of removal till re--instatement, under section 18 of the Sind Civil Servants Act. The appeal is allowed with no order as to cost." In this decision there is no mention to his scale which is now in dispute.
2. It is the case of the appellant that the decision of Sind Service Tribunal was not put in implementation and was kept pending for almost a year when he was again posted in Government School Firdous Colony, Karachi. It is the grievance of the appellant that he has not been paid for the period of his termination i.e. w.e.f. 11-6-1980 to 27-1-1982 and that his increments which he claims that were 'due to him' for the entire period of his service including that the period of termination and for subsequent period have not been allowed to him. It is further stated that while he was on leave from 8-1-1983 to 31-5-1983 in connection of B.Ed. Training programme he has not been paid for the period. Appellant further alleges that he was sent for M.Ed. Training programme on 22-9-1984 and returned to join the Government School, Orangi Town Sector No.9 on 16-5-1985 but the leave case was not decided for this training period. Appellant claims further that he had not received three advance increments for B. Sc./B.Ed. And that appellant has not been given annual increment from 1-12-1984 and so much so that many Finance's instructions have been violated in his case to torture him. Finally the appellant has prayed following relief;
(a) 4 annual increments for the period of illegal termination.
(b) 3 advance increments as per rules and any other relief which this Hon'ble Tribunal deems fit and proper.
3. Service Appeal No. 44 of 1986 filed on 21-5-1986 is a connected appeal. The facts relating to this appeal are more or less the same and only the prayer is different and the appellant in his second appeal has specifically prayed that (i) his appointment Order No. DEO/West/ (Male)/ (4545-53)/78 dated 12-3-1978 which allows him running scale and is also his initial appointment order may be allowed to stand and a subsequent Order No. DEO/West/ (Male)/ (693-702)/86, dated 5-2-1986 (which grants him advance increments from the date of completing B . Ed .) may be treated as void.
4. On behalf of the Government's pages comprehensive documents have been submitted as a written statement in which it has been categorically averred that he was never entitled for a running scale being an untrained JST. It is admitted on behalf of the respondent that he was appointed due to an error which was subsequently corrected vide Order No. DEO/West/ (Male)/ (507.7-81)/83 of 9-5-1983. It is said in the memo of the respondent that appellant's earlier termination was on account of his role of agitational politics and his character was suspicious, particularly in respect of girl students and lady teachers, and he was giving corporeal punishments to students. It is a plea of the respondent that he is an absolute persona non grata. It is stated that the Directorate of School Education has been endeavouring to get his salary of the period of termination released in which there have been several impediments throughout. It is admitted that the appellant has not been paid Rs. 18,932.59 due to difficulties at the Accountant General Office and as soon as the objections of the Accountant General Sind are met with the payment of the above months which is a part of the salary of the termination period will be made. The respondents are very categoric in stating that the appellant was never entitled for a running scale when initially appointed and the same could not be given to him till such time that he had cleared his B.Ed.
Training programme and rest of the allegations which are consequential have also been denied.
5. We have heard this case on 20-3-1987, 4-3-1987 and on 5-4-1987 in three lengthy sittings, we have sought the help of the learned Assistant Advocate-General and who has been assisted by Mr. Rasheed Akhtar Qureshi. We have had elaborate examination of the entire record available. We have also heard in person Mr. Hamid Ali Assistant Director Litigation Directorate of School Education Karachi and Mr. Jaffer Ali who is the Superintendent in the Finance Department. The Focal point or the point at issue is only one i.e. "Does appellant rightly deserve a running scale or not as per rules and according to the pay scale inforce at that time?" And that this Tribunal would decide. Rest of the points to us are only consequential and would be followed by the Education Department, Finance Department and the Accountant-General Sind.
6. Now we return to the merit of the case. We have said in para. 5 that only focal point that this Tribunal would decide is the applicable pay scale of the appellant as per rules in force. It is a fact that appellant Mr. Khalid Hasan was B.Sc. When he was appointed as Junior School Teacher and was not so trained. His appointment came at time when Notification No. FD(SR-IV)-1-(12)/77 of the, Finance Department, dated 13th May, 1977 Held the field. It is indeed valuable to recall that this notification of 1977 came to supersede the earlier Notification No. F.D.(SR-IV)-1-(12)/74 dated 4th June, 1974. To say precisely the notification of 13th May, 1977 was enforced to revise the pay scales in existence at that time and more specifically in its para 1(iv) it also revised the Sind Education Department (non-gazetted attached staff), (National Scale of Pay) Rules, 1974. The Notification No. FD(SR-IV)-1-(12)/77, dated 13th May, 1977, which is a 4-page document, is appended with an Annexure in which existing scales and revised scales have been shown. A ready reference to row 8 of this Annexure reads as under:- No.Existing Scale Revised Scale NPS 8.200-12-260/15-335/15-425 370-16-514/18-640 There is no mention of any fixed pay throughout these scales saving clause 12 of the aforementioned scales which reads as under:-
12. Existing Rules. "that all existing rules and orders relating to matters detailed in this office memorandum shall be deemed to have been modified to the extent indicated above, all existing rules and orders not so modified shall continue to remain in force".
A reference is now made to the scales of 1972 notified vide Notification No. FD(SR-IV) 1-(12)/74(A) of the 4th June, 1974 which is the fundamental and comprehensive document. The applicable part of the notification of the 4th June, 1974 is reproduced to read as S.NoDesignation of Post.Existing ScaleOptional Pay of Scale.Minimum Qualifications. Remarks 2.(i)J.E.Ts/C.Ts.Agri Culture Assistant/Home Economics/Comm Erce Teachers/ Oriental/Economics /Commerce Teachers/Dinyat/S.V.C.Ed.
TeachersRs.185- 8-255- 10-315 Or Rs.171- 7-180- 8-255- 10-275Rs.200- 12-260 15/335- 425 (NPS No.8)Intermediate Arts/Science/Commerce Agriculture/Home Economics plus CT.C.Ed/T.D. certificate(Matric II Div. Plus S.V./C.Ed. for existing incumbents)i) SV cadre haas been abolished & all such posts have been upgraded & merged with JET posts. ii) The posts will be filled be initial recruitment (ii)Untrained Intermediate/Graduates JETSRs.200/- fixedIntermediate plus CT/TD.iii) One advance increment for BA & two advance increments for B.Sc./B.Com & five increments to S.Vs. with Adib Fazil qualification who were recruited upto 12- 8-1967.
2.(ii) of this part IVA specifies the pay for an untrained Intermediate/ Graduate which is Rs. 200 fixed, the required minimum qualification (for running scale) for Junior English Teacher, JET is shown as Intermediate plus CT/TD. Above pay has not been shown in revised scale of 1977. Nor any other pay has been prescribed for the untrained Intermediate/ Graduate in lieu of this fixed pay.
Saving clause No.12 of the scales of 1977 puts a very definite bar on the application of these scales.
Any scale not shown in revision could not be modified without the concurrence of Finance Department in were of its saving clause 12. In other words the appellant Mr. Khalid Hasan could not be appointed in 1978 to get any running scale. If at all he was to get any pay this pay could be Rs.
200 fixed, till such time that Finance Department specifically modified this fixed pay prescribed for the Untrained Intermediate/ B. Sc.
8. It is also a fact that appellant Mr. Khalid Hasan was appointed vide his Order No. DEO/West/
(Male) /44-53/78, dated 12-3-1978 and he was shown in running scale of 370-16-514/18-840. It is also a matter of record that. He was not trained at that time and as such in strict application of revised scales of 1977 and with a saving clause as 12, he could get Rs. 200 fixed only and this is the view that the Finance Department holds even today. In 1983 it was realized that the appellant has been given the scale erroneously. An Office Order No. DEO/West(Male)/5077-81 dated 9-5-1983 was issued which is reproduced to read as under: OFFICE ORDER "In partial Modification of this Office Order No. DEO/West (Male) /5045-53/78, dated 12-3-1978, the pay of Mr. Khalid Hassan J.S.T. May be read as 370/- fixed instead of running scale as the qualification of the teacher concerned at the time of appointment was B.Sc. Only This order specifies the pay Rs. 370 fixed instead of running scale of 370-16-514/18-640 for the reasons that he was not qualified and was fixed on the initial of the scale. This position creates an anomaly and we shall return to it later.
9. In the course of examination of documents we have been able to lay our hands on two important documents one from the office of the Accountant General, Sind Karachi bearing No. EDU-X/PSP-83 ADV Increment, dated 23-1-1985 which is communication from Assistant Accounts Officer to the Director of School Education Karachi Region and under the title head "shortfall or three advance increments under basic pay scale of 1983", the third para of the communication specifically says "unqualified i.e. Untrained teachers on appointments of HST or ST are not entitled to three advance increments. They may be appointed at a fixed pay equal to the minimum of the relevant time scale." A further reference is now made to correspondence No. FD-SRI-3(27)/83 of the Finance Department issued on 24th January, 1984 which are some clarifications issued by the Finance Department to the Accountant General Sind under the title head 'Introduction of basic pay scale and fringe benefits to civil employees of the Government of Sind (1983) the relevant para. 3 of which reads "the advance increments under the B.S.P. Scheme are not admissible in the case of untrained teachers, who do not possess the basic qualification required for appointment to the post".
10. We may now be able to understand and draw inferences accordingly. At no stage an Intermediate/ B.Sc. And untrained teacher could claim for a running scale. However, extracts of abovecite9j notification clearly indicate that pay Rs.200 fixed for an untrained graduate teacher in the scales of 1974 have somehow been changed; allowed with the initial of the Revised scale of NPS No. & i.e. Rs.370-16-514/18-640. Above scales of 1977 were further revised by Notification No. FD(SR- IV)-1-4/82 of the Finance Department dated 27th August, 1983 and which are known as basic pay scales which also carry saving clause 27 which is also similar to clause 12 of the Notification of 1977.
These scales are the latest but are not material for affecting the decision of this case. From all above reasoning it would emerge that appellant could not be appointed in running scale in any case. As per the pay scales of 1977 which revised the pay scales of 1974 he was only entitled for a fixed pay in strict legal conformance. It is necessary to mention at this stage and we do not hesitate to do so, that a fixed pay of Rs. 200 per month envisaged as a pay of untrained B.Sc. In 1974 had to be revised accordingly, to avoid anomalies. We believe that revision of pay scales has to do something with inflation and cost of living only. We are informed that the persons who were untrained B.Sc and appointed contemporarily in 1978 alongwith the appellant were all getting the initial of the running scale of 1977 i.e. Rs. 370 fixed at that time. This appears very logical but not very legal as it required a legal cover with an appropriate modification of the Finance Department and this legal cover could be obtained even now by referring the case of the appellant or any set of such cases to anomally committee as is always envisaged and was properly envisaged in the revising Notification Pay Scales of 1977 and 1983.
11. From the above discussion and reasons thoroughly explained both the above appeals cannot succeed. As we find no material evidence from record which could support/prove appellant's claim for grant/ award of the running scale. We however direct that appellant's grievance regarding non- payment of his salaries for the period of his re-instatement be redressed by the concerned department i.e. Education Department, Finance Department and the office of the Accountant--- General Sind, within period of 3 months from the date of issue of this order.
A.A./127/Sr.S.