NOOR MUHAMMAD MAGSI (MEMBER).---The appellant who is a Matric Trained Teacher in F.G. Boys Middle School I/14, Islamabad claimed six advance increments on the basis of higher qualification of C.T. Course and B.A. Degree. On rejection of his request by order, dated 26-7-1994, he came up m Appeal No. 5(R) of 1995, to this Tribunal. However, on the statement of the departmental representative that the Department was inclined to review the case of the appellant, the Tribunal accepted his statement and remanded the case to the Ministry of Education to decide the matter within to months and report compliance.
2. The Department, however, failed to take any decision within the stipulated period due to which the, appellant made Miscellaneous Petition No.114/95 for implementation of the judgment of the Tribunal, dated 28-3-1995 passed in 'Appeal No. 5(R) of 1995, but the said petition was disposed of by the Tribunal with the observation that the judgment of the Tribunal had been implemented.
However, on the date of hearing, the appellant was handed over a copy of letter-dated 23-5-1995 of the Finance Division to which it was stated that both the Ministry of Education and the Directorate of Education had not favoured the grant of advance increments to the appellant.
3. Instead of filing appeal against the implementation of the order to the departmental authority, the appellant again submitted another Miscellaneous Petition No.168/95 with the request that the respondents had overlooked the observation of the Tribunal in regard to the grant of six advance increments to him without any justification and that direction for grant of the said increment be issued. The Tribunal, however, vide its order dated 11-10-1995 rejected appellant's Miscellaneous Petition No.168/95 holding that it was a fresh cause of action and the appellant could seek redress through fresh appeal after exhausting departmental remedy, if so advised. Having got no response to his departmental appeal dated 2-9-1995 against the impugned order dated 23-5-1995, he has again come up in appeal to this Tribunal on 14-12-1995 within 120 days. As such the appeal is within the.
4. We have heard the appellant and the departmental representative at great length and perused the record. The appellant is admittedly Matric Trained Teacher but subsequently he passed B.A.
And qualified his C.T. Examination, as admitted in para. 2 of the objection filed by the Federal Directorate of Education. Thus the only question which falls for determination is as to whether the appellant on acquiring higher qualification is entitled to the advance increments or not. The appellant has placed on file the extract of the relevant rules dated 15-9-1983 at Annexure-N, whereby a Primary School Teacher while in service, possesses or acquires higher qualification shall be allowed advance increments as under:-- (i)A teacher who possesses or acquires F.A./F:Sc shall be allowed to advance increments.
(ii) A teacher who (in addition to F.A./F.Sc) also acquires C.T. Shall be allowed one additional advance increment.
(i.e) A teacher who acquires a degree of B.A./B.Sc shall be allowed three additional advance increments.
5. In the previous round of litigation the departmental representative when confronted with this position, could not give any satisfactory reply to the queries made by the Tribunal that when both the categories of posts i.e. Trained Graduate Teachers and Primary School Teachers were upgraded, then under what circumstances, the case of only Trained Graduate Teachers, was recommended and/were allowed to draw advance increments on the basis of higher qualification but Primary School Teachers were deprived of the benefit. The Tribunal held this a cleat discrimination. But since the departmental representative submitted that the department was inclined to review the case of the appellant and consider it at the earliest, the Tribunal accepted his statement and remanded the case to the Ministry of Education for decision. But still the relief sought by the appellant was not granted to him We fail to understand that the TGTs whose posts have also been upgraded, are being given advance increments for acquiring higher, qualifications but the appellant who while in service had admittedly acquired higher qualifications, was refused the same benefit. As such the refusal would tantamount to discrimination, which cannot be allowed in the circumstances of this case. The appellant had passed the B.A. Examination and had also acquired C.T. Course, which is the condition for getting advance increments. He is, therefore, entitled to the advance increments from the date of passing the aforesaid examinations. The respondents have failed to point out any rule or instructions, which after no gradation of the post of the appellant, disentitled him to the grant of advance increments as mentioned in the rules. Since the appellant has acquired, while in service, higher qualifications man those prescribed for a Primary School Teacher, therefore he to, is entitled to six advance increments for possessing F.A.
And thereafter passing the C.T. Course and obtaining a degree of B.A. We, therefore, accept the appeal and direct the respondents to give to the appellant six advance increments from the date of his passing F.A./C.T. Course and acquiring a degree of B.A., while in service. Order accordingly.
There will be no order as to costs.