ABDUL RAZZAQ A. THAHIM (CHAIRMAN). ---In 'these 23 appeals, common questions of law and facts are involved, therefore, we propose to disposer of these appeals by this single judgment.
2. Briefly the facts are that the appellants are Trained Graduate Teachers, working under the Federal Directorate of Education, Islamabad, and their original Scale is B-15. They were granted Selection Grade B-17, by notification dated 13th August, 1985, with retrospective effect from July/October, 1983 and still they are in selection grade B-17. In the year 1991, the Government introduced 4-tier service structure in the Federal Government Schools, Islamabad. A proposal was initiated and the Establishment Division, vide its O.M. No. 8/43/91-R.I., dated 3-2-1992, agreed and the Ministry of Education was asked to move a summary for approval of the Prime Minister, through the Establishment Division. Accordingly, a summary was moved on 22-3-1992 and the Prime Minister approved the summary on 2-11-1993 for upgradation of 101 and 119 posts of School Teachers male and female respectively. Finally when that scheme was introduced, the ratio of the posts were reduced as under: Male 42 Female 37 This gave cause of grievance to appellants and they made representations that since they are already working in B-17 since 1983, their cases are covered and therefore, their posts for upgradation were also included. The matter was examined by the Finance Division but rejected on the grounds, that selection grade is not a promotion for the purpose of cadre and posts. Being aggrieved, the appellants filed departmental appeals, which remained unresponsed and now have come before this Tribunal under section 4 of the Service Tribunals Act, 1973.
3. We have heard Mr. Hafiz S.A. Rehman, the learned counsel for the appellants at length. The contention of the learned counsel is that the appellants were granted selection grade B-17, since 1983, their cases are covered under the summary for upgradation and promotion to the post of Deputy Headmasters and Deputy Headmistresses in B-18, as selection grade is a regular promotion. He has referred to the cases reported in 1991 SCM R 696; 1994 SCM R 1626 and judgments of this Tribunal. It is argued that move-over is not a promotion but selection grade for all purposes and benefits is a promotion. Therefore, summary on the analogy of these considerations was submitted to the Prime Minister and after the approval of the Prime Minister, the appellants cannot be denied right of promotion to -the upgraded posts of Deputy Headmasters and Deputy Headmistresses.
4. The comments have been filed by the Federal Directorate of Education and we have heard Mr. Z.A. Javed Raja, Assistant Director. The case of the respondent department is that by way of granting selection grade though the appellants have been allowed financial benefits of B-17, but they do not come under the cadre of Deputy Headmasters or Deputy Headmistresses and they continue to be Trained Graduate Teachers B-15 of their own cadre, and therefore, they cannot be equated with the persons regularly promoted to B-17. The representative of the Finance Division has also supported this contention and submitted that regular promotion and grant of selection grade are to different things and by way of selection grade and move-over any officer can go to the BPS-18, 19 and 20 even, but that does not mean that they are promoted on regular basis in a particular cadre or post. Therefore, looking to this legal position, Finance Division has not agreed for the upgradation of the category of TGT Selection Grade B-17.
5. The appellants admittedly are Trained Graduate Teachers of which basis pay scale is 15. There was 33 % ratio for grant of Selection Grade B-17 under the prescribed procedure wherein the cases are scrutinised by the D.P.C. And thereafter selection grade is granted, but it is not a regular promotion. The authorities relied by Mr. Hafiz S.A. Rehman are to that extent. There is a little confusion that by adopting the procedure of regular promotion whether they could be considered to have been regularly promoted to higher grade/post of Deputy Headmasters/Headmistresses or to continue to be Trained Graduate Teachers. There are a number of instances e.g. The Medical Officers (B-17) are also granted Selection Grade B-18, but they continue to be called as Medical Officers and not as Registrar or Assistant Professors etc and all these authorities refer to this proposition and we have not been able to lay hands on any authority to the effect that selection grade is a promotion for the purpose of promotion to other posts, cadre etc. For which separate recruitment rules exist. Without hesitation, we hold that the appellants were granted selection grade but their cadre has not been changed and it was not a promotion from one post to another, though they were entitled to the benefits of B-17 as in the case of move-over. We have made inquiries from the appellants and their counsel whether the appellants were assigned any work of Deputy Headmasters/Headmistresses as well while working as T.G. Teachers. The reply is negative but it was stated that in some primary schools, the T.G.Ts. Were put to work as Headmaster as these posts were equated with their cadre not of Headmasters or Headmistresses of High Schools.
If we hold that grant of Selection Grade B-17 to the T.G.Ts. Is a regular promotion from one grade to another, then we will be considering to designate them as Deputy Headmasters or Headmistresses for which another ladder is provided e.g. Recruitment rules etc. And the departmental representative stated that for promotion to B-18, only eligible persons are Deputy Headmasters/Headmistresses and senior Teachers who are working in B-17. In these circumstances, we cannot consider that the appellants could be designated as Senior Teachers B- 17, Deputy Headmasters/Headmistresses as regular promoted. It has also been pointed out that for promotion to these posts, the T.G.T. Of Selection Grade-17 are only eligible and the first ladder .For the appellant is to cross that they are eligible for promotion to three categories, i.e. Deputy Headmasters/Headmistresses (B-18). In these circumstances, the appellant uptill now continue to be T.G.T. And their cadre has not been changed by granting them Selection Grade-17.
6. Now we come to the other submission of Mr. Hafiz S.A. Rehman that in the summary for upgradation of Male Headmasters and Headmistresses was worked out as 101 and 119. The respondents have clarified the position and stated that at that the the matter was not clear and department wanted to give benefit to all the persons who were working in Selection Grade-17, but on review it was found that the cases of all Selection Grade T.G.Ts. Do not fall under the category of that position. Therefore, on the ratio of 42:37 the posts were filled in. All these points were neither involved nor discussed in the judgments, quoted by the learned counsel for the appellant. The approval of the Prime Minister conveyed vide Establishment Division U.O. Dated 12-3-1992 reads as under: "Reference Ministry of Education's summary for the Prime Minister bearing U.O. No F.4-33/90-CEi, dated the 11th February, 1992, on the subject mentioned above.
(2) The Prime Minister has been pleased to approve the four tier system/structure for the Federal Government School Teachers of Islamabad and the upgradation of the posts set out in para. 1 of the summary under reference with effect from the date the upgraded posts are actually filled in by the eligible persons in the higher pay scales.
(3) Ministry of Education is advised to upgrade the posts in the manner Pru style as contained in the Establishment Division's O.M. No.8/10/83-R. I., dated the 6th March, 1983."
In pursuance of the Establishment Division U.O. The Ministry of Education gave the details which is not being' confronted. The case is to be decided on the merits, if there was any ambiguity. It does not mean that ineligible persons could be upgraded and Mr. Hafiz S.A. Rehman, the learned counsel for the appellants has not been able to convince us whether the appellants who were T.G.Ts. Could be designated as Headmasters/Headmistresses and thereafter they could be eligible for promotion to B-18. In case we hold that all selection grade holders automatically become eligible for advancement to other cadres and promotion to next higher grade, this will be unjust and' beyond our scope.
7. For the foregoing reasons, we dismiss all these 23 appeals, with no order as to costs.