QAZI HAMID-UD-DIN (CHAIRMAN).--This appeal has been filed by Muhammad Qavi Khan, against the order of Deputy District Education Officer. (Male) Secondary Swat (respondent No.4) under section 4 of the N.-W.F.P. Service Tribunals Act, 1974. The appellant's prayer is that he may be awarded running pay in his own scale (S.E.T. Science BPS-15) against BPS-15 fixed.
2. The facts averred in the appeal are that the appellant was appointed as S.E.T. Teacher on 1-10- 1983. The appellant has completed 10 years service as S.E.T. Teacher. The claim of the appellant is that his qualification is B.Sc., MA., C.T. But his services has not been regularized against the post of S.E.T. Against which refusal the appellant preferred a departmental appeal which was rejected on 4-3-1993, hence the present appal.
3. The respondent department in their reply has raised the preliminary objections that the appeal is time-barred, that the appellant has no locus standi and that the appellant is estopped to bring the present appeal. On factual side it has been stated that the appellant had joined the services as S.E.T. Teacher on 1-10-1983 on fixed pay but he seeks regularization against S.E.T. Post, which requires the qualification of B.Sc./BA. B.Ed. Unless the appellant has acquired the required qualification, the services of the appellant cannot be regularized against the post of S.E.T.
Arguments heard and record perused.
4.In this case the admitted facts are that the appellant has not obtained the Degree of B.Ed, which is prerequisite for the post of S.E.T., therefore, his services cannot be regularized against the S.E.T.
Post. However, since his appointment in Education Department the appellant is working as S.E.T. For the last 10 years, therefore, he is entitled to the graded pay from the date of his departmental appeal. The Tribunal while partially accepting the appeal directs that the appellant shall be allowed only the pay and scales of S.E.T. Post from when he joined the Education Department and he shall also be paid the arrears in the said scale from the date of institution of his departmental appeal. The services of the appellant as S.E.T. Cannot be regularized in the given circumstances.
Parties are left to bear their own costs and the file be consigned to the record.