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1996 PLC (C.S.) 949

TAQWEEMUL HAQ vs THE PROVINCIAL GOVERNMENT through the Secretary;

Citation1996 PLC (C.S.) 949
CourtSupreme Court of Pakistan
Case No.Constitutional Petition for Special Leave to Appeal No, 1-P of 1995 Appeal
Date1995-11-07
Judge(s)Muhammad Bashir Jehangiri, Raja Afrasiab Khan, Mukhtar Ahmed Junejo
ResultLeave granted

ORDER

' MUHAMMAD BASHIR 'KHAN JEHANGIRI, J.---Taqweemul Haq, petitioner, seeks leave to appeal against the judgment of the N.-W.F.P. Service Tribunal, dated 12-10-1994 whereby his appeal claiming regularisation of his service "by awarding`, graded/running pay in BPS-16 along with advance increments with all other back benefits" was partially allowed.

2. The petitioner with the qualification of B.Sc. (Hons.) Agriculture was appointed on 23-11-1987 as S.E.T. In the Directorate of Education in N.-W.F.P. On temporary and ad hoc basis in BPS-15 (Fixed).

Later on in 1991 these posts of S.E.Ts. Were upgraded to BPS-16 (Fixed). He passed C.T. (General) and B.Ed. Examinations respectively in 1991 and 1992 from R.D.E., Peshawar and Allama Iqbal Open University, Islamabad.

3. The petitioner's departmental appeal to Director of Education (respondent No, 2) for grant of regular BPS-16 and 8 advance increments having been rejected on 19-12-1993, he approached the N.-W.F.P. Service Tribunal which partially accepted his appeal and allowed him "only graded pay from the date he acquired the requisite qualification i,e, B.Ed. For the post of S.E.T., with arrears, if any, from that date". The remaining relief "regarding regularisation of service and advance increments" was, however, declined.

4. Mr. M. Zahoor Qureshi Azad, the learned counsel for the petitioner, contended that the learned Tribunal has erred to decline the relief of regularisation of service of the petitioner and advance increments. In this context, it was submitted that the petitioner was initially B.Sc. (Hons.) Agriculture and had subsequently passed B.Ed. Examination, therefore, he was not only entitled to regularisation of service from the date of his appointment but was also entitled to six advance increments plus two advance increments for being M.Sc. Agriculture which was equivalent to M.

Phil. According to Notification No, FD(SR-11)2-132/88/Vol. IV, dated 3-11-1990.

5. The contention needs consideration. Leave to appeal is accordingly granted.

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