QAZI HAMID-UD-DIN (CHAIRMAN).---This appeal has been filed by Muhammad Ismail on 5- 1,-1991.
The facts averred in the memo of appeal are that in pursuance to the publication in Daily Mashriq, dated 25th November 1977 the appellant applied for the post of Workshop Instructor (NPS-14). The appellant was selected and was appointed as Workshop Instructor on 29-12-1977 vide Annexure-B on the file. The appointment order reads as under:- "The following selected candidates are hereby appointed temporarily as Workshop Instructors on Rs. 520 P.M. Fixed plus usual allowances as admissible under the rules with effect from the dates of their taking over charges against the newly created posts in NPS-14 in the schools noted against their names:- S.No.Name & District Trade Place of postingRemarks
1. Muhammad Ismail. PeshawarWood WorkG.M.S.Akhorwal (F.R.Kohat)Against the newly created post 2.xxx xxx xxx xxx The appellant was selected as Workshop Instructor and was made to work against the newly- created post in NPS-14 in Government High School, Akhorwal, F.R. Kohat. The appellant contends that he had already qualified the Training of "Wood Technology, that he performed the training of Government of Pakistan, Ministry of Education in National Agro-Tech. Teachers Training Centre from 16-9-1978 to 7-12-1978, that the appellant completed Refresher Course in Agro-Technical Industrial Arts from Federal College of Education, Islamabad, that the appellant has also completed training of Civil Defence and that his qualification is B.A. On 25th June, 1987 vide Letter No. FD(SR-I) 2-45/75 Government of N.-W.F.P., Finance Department, the post of the appellant due to re-designation was changed into Senior English Teacher Technical in BPS-1.5. Vide letter dated 26- 1-198? (Annexure-I) the respondent department have sent the names of officials junior to the appellant for training ignoring the name of the appellant. The respondent No. 2 on 16-10-1990 sent the appellant for training to the Government Ago-Tech. Teacher Training Centre, Gulbahar, Peshawar bum the Principal has not accepted the appellant for the said training. The appellant has been claiming that he is entitled to pay of BPS-15 alongwith increments but has been refused. His departmental appeal dated 1-10-1990 was not replied to within the statutory period of 90 days, hence the present appeal on 5-1-1991. The appellant's contention is that he has been selected as Workshop Instructor and posted against NPS-14 in C.H.S. Akhorwal F.R. Kohat against which post he has been working. Meanwhile the Finance Department issued letter dated 25-6-1987 through which the posts of Workshop Instructors were upgraded to BPS-15 and the appellant contends that with this upgradation he automatically became a BPS-15 employee of the respondents but the respondent-department has refu4cd to allow him pay in the time scale of BPS-15 and .Is given the fixed pay in B-15.
2. The respondent department in their reply has assailed the appeal on the grounds of incompetency, non-maintainability, limitation and jurisdiction of the Tribunal. On factual side it has been averred that the appellant do not possess three years diploma which was required in the advertisement for the appointment to the post of Workshop Instructor and for the reason that the appellant did not have three years requisite certificate, therefore, he was not accepted for training by the Institution where he was sent for training and it has been stated that the appellant is not entitled for graded pay under the rules.
Arguments heard and the record perused.
3. Annexure `A' is the advertisement through which the posts of Assistant Workshop Instructors and Workshop Instructors were advertised and the requisite educational qualifications were three years' training from Pak--German Despite the fact that the appellant did not have three years' training course from Pak-German and had only two years training certificate he was selected vide Annexure-B as Workshop Instructor and was made to work against the newly-created post in NPS- 14 in Government High School Akhurwal, F.R. Kohat. The respondent department contention is that since the appellant did not possess the requisite training, therefore, he was selected but was allowed fixed pay of Rs.520 P.M. Alongwith usual allowances vide Annexure `B' and contends that the appellant was not posted against a post of Workshop Instructor in BPS-14. The plain reading of the Notification (Annexure `B') does indicate that the appellant was appointed as Workshop Instructor and was made to work against NPS-14 and by virtue of the Finance Department letter dated 25th June, 1987, the post of Workshop Instructor was redesignated as Senior English Teacher Technical and was upgraded to B-15. This notification has automatically placed the appellant in B- 15 in time scale and as such the appellant would be entitled to the time scale he claims and his pay shall be regulated in B-15 from the date he was allowed this scale and increments, which the appellant may have earned during this period. The preliminary objections were not pressed. It is worthwhile to mention that the appellant was not given B-15 through a separate notification but his upgradation was allowed by operation of the notification (Annexure-H on the file). This fact estopped the respondent department from claiming that the appellant was not entitled to the pay of B-15 and vide Annexure-H the respondent-department was bound to allow him the time scale and cannot fix the pay of the appellant at the minimum of B-15 and disallow increments to him.
Therefore, the Tribunal while according the appeal, directs that the pay of the appellant be regulated in time scale of B-15 alongwith increments which the appellant may have earned. Parties are left to bear their own costs and file be consigned to the record.