' QAZI HAMID-UD-DIN (CHAIRMAN).---This appeal has been filed by Waliullah, S.E.T. Government High School, Tooti Bagh, Orakzai Agency, against the order dated 18-11-1993 of respondent No,3, whereby the departmental appeal of the appellant regarding graded pay and grant of three advance increments etc., has been rejected. The prayer of the appellant is that the impugned order be set aside and the services of the appellant be regularised from the date of promotion by awarding graded/running pay in BPS-16 and also prays for three advance increments for possessing higher qualifications i,e, M.A. (Islamiyat) with all back benefits.
2. The facts averred in the memo. Of appeal are that the appellant was initially appointed against the post of S.V. Teacher on 5-3-1978 on regular basis at Government High School, Muhammad Khan Killi (Khyber Agency). The appellant passed B.A. Examination in 1980 and M.A. (Islamiyat) in 1984 from Peshawar University. The appellant has also passed B.Ed. Examination in 1986 from University of Peshawar, and after passing the B.Ed. Examination, he was appointed/promoted to the post of S.E.T. In BPS-15 on fixed pay vide order dated 11-11-1986 (Annexure F on the file) and was posted at G.H.S. Bazid Khel, Orakzai Agency. The appellant is now working as SET at Government High School, Tooti Bagh (Orakzai Agency) but he is still receiving the salary of S. V. Post in BPS-14.
The appellant submitted a departmental appeal before respondent No, 2 on 1-11-1993 (Annexure D) for the grant of graded pay in BPS-16 and three advance increments for higher qualification which appeal has been rejected on 18-11-1993. Hence- the present appeal for the redress of his grievances. The appellant claims to have improved his educational qualification and has acquired B.Ed. Degree and also passed M.A. (Islamiyat) and prays that his services be regularised and his pay be fixed in time scale of BPS-16 and also prays for three advance increments for higher qualification.
3. The respondents have filed their reply in which the preliminary objections have been raised to the effect that the appeal is not competent, as the appellant did not qualify for the claim asked for, that the appeal is barred by time, and that the appellant is estopped by his own conduct to ask for the claim. On factual side no comments have been offered by the respondents. In reply to the grounds of appeal, the respondents have stated that according to the information supplied by the Director of Education (Secondar) on 1-2-1993 through Annexure A, the appellant who belongs to Karak District was not due for approval according to his turn. Moreover his appointment on fixed pay against S.E.T. Post was made on his own written request and after accepting the terms and conditions laid down for such appointment. It has been further averred that if the holder of S.E.T.
Post possess the prescribed qualifications i,e, B.A./B.Sc. B.Ed. Even then he will have to be cleared by the Departmental Approval Committee, according to his merit of the Zone to which he belongs.
Moreover recruitment to the post of SET after 1-6-1991 falls within the jurisdiction of Public Service Commission and his recommendation'by the Commission is a must. The appellant as drawing pay in BPS-14 according to his own sweet will for the benefit of annual increments.
' Agruments heard and record perused.
4. The preliminary objections have not been pressed. The learned counsel for the appellant has relied on the authorities of the Superior Court and also on the judgments of this Tribunal where presumptive pay in the time scale has been allowed to those incumbents, who are otherwise qualified to be appointed to the post, therefore, the appellant is only entitled to the graded pay.
However, in this case the date of entitlement to the presumptive pay alongwith increments would be the date of appointment because at the time of appointment as SET, the appellant had already acquired the minimum qualification i,e, B.Ed. Degree for the post. Therefore, the presumptive pay to the appellant have to be fixed from 1986 alongwith the increments and arrears only for the last three years from the date of preferring the present appeal and no arrears for the remaining period is allowed to the appellant. The rest of the prayer regarding regularisation of service and three advance increments is not allowed to the appellant. The appeal is partially accepted. Parties are left to bear their own costs and file be consigned to the record.