1. MUKHTAR AHMED JUNEJO, J.---Leave to appeal is sought against a judgment dated 1-12-1994 by N.-W.F.P. Service Tribunal (hereinafter mentioned as the Tribunal) in Appeal No. 370 of 1993 filed by respondent Sayed Rehman.
2. The respondent joined Animal Husbandry Department, Government of West Pakistan on 20-7-1967.
3. In 1976 he passed M.Sc. (lions.) from the Agriculture University, Faisalabad. At the the of dismemberment of the West Pakistan as a Province, the respondent was serving in the same Department in Grade-16. On 1-3-1978 the respondent was appointed to a supervisory post of Grade-17 as a direct recruit. Subsequently the respondent was adjusted against a post in BPS-17 which became available with effect from 1-5-1977.
4. Under Government of N.-W.F.P., Finance Department Notification No.F.D. (SR-I)1-67/83, dated 24-8- 1993 (hereinafter mentioned as the Finance Department Notification) advance increments were granted to technical and professional categories as follows:-- "Doctors, Engineers, Educationists, Economists, Management Accountants, Scientists, Geologists, Meteorologists, Archaeologists, Expert in Agriculture, Animal Husbandry and Forestry working in Universities, Colleges, Research Institutions or Technical Departments shall be allowed advance increments on possession/acquiring higher qualification as under:-- '
(i) In case a technical/professional employee of the above category possesses D.Sc., Ph.D. Degree from a foreign University, he shall be allowed six advance increments on entry into service in B-17.
(ii) Those of the above categories of officers who possess M.A./M.Sc./M.S. Or equivalent from a foreign University or Ph.D. Or M. Phil. From a University in Pakistan will receive four advance increments on induction in service in B-17.
5. (i.e) Those of the above categories of employees who while in service obtain a degree shall be allowed four advance increments in case of (i) above and to advance increments in case of (ii) above.
(iv) In cases where it is intended to extend the concession of advance increments to the categories of Officers other than Doctors, Engineers, Educationists, Experts in Agriculture, Animal Husbandry and Forestry mentioned above, prior concurrence of Finance Department shall be obtained."
6. On the basis of said notification, the respondent was allowed to advance increments with effect from 1-7-1983 under an order-dated 12-6-1988. After all this, the Government of N.-W.F.P. Issued an order on 7-9-1993 withdrawing the Notification dated 12-6-1988 by which to advance increments were allowed to the respondent. Being aggrieved, the respondent filed appeal on 18-10-1993 and in reply he was informed that no recovery would be made from his pay, till writ petition filed by some other employees of the department, was decided. The respondent being dissatisfied invoked jurisdiction of the Tribunal by filing Appeal No.370/93. Under the impugned judgment, appeal filed by the respondent was accepted and to advance increments were allowed to the respondent from the date of adoption of the scheme, covered by the Finance Department Notification. Hence this petition.
7. Mr. Fateh Muhammad, learned counsel for the petitioners argued that the Tribunal had wrongly equated M.Sc. (Hops.) with M. Phil. Learned counsel referred to decision of Equivalence Committee of the University Grants Commission taken on 12-1-1986 in the following terms:-- "The Committee decided to equate M.Sc. (Hons.) degree awarded by N.-W.F.P. Agriculture University, Peshawar, after B.Sc. (Hons.) degree (four years course after F.Sc.) in Agriculture as equivalent to M. Phil. For the purpose of job and other benefits etc. This also applied to similar cases from Agriculture University, Faisalabad."
8. Mr. Abdul Waheed, learned counsel for the respondent supported the impugned judgment and argued that the Equivalence Committee of the U.G.C. Had competency to pass the order of the nature it has passed on 12-1-1986. Under the impugned judgment the Tribunal took view that the only competent forum to decide equation of the degrees, is the University Grants Commission as there is no other Agency capable to decide about equation of the degrees and that the M.Sc.
9. (Hons.) was equated with M.Phil. And consequently objection to the grant of to advance increments to the respondent was not valid.
10. In our view the Tribunal had arrived at the right conclusion. No case is made out to interfere with the impugned judgment. Leave to appeal is consequently refused and this petition stands dismissed.