FALAK SHER, J.- This order will dispose of C.P. No. 12/ L of 2002, coupled with Civil Petitions Nos. 4173 to 4180-L of 2002 having stemmed out of the same judgment of the Punjab Service Tribunal granting the respondents' Appeals involving identical questions of law and facts.
2. Tallat Mehmood Safdar, Shahbaz Mahmood and Shahid Altaf Malik respondents having been selected by the District Recruitment Committee of District Jhang, Gujrat and Khushab were appointed as Graduate English Teachers in the Education Department, Government cf the Punjab on 28.8.1995, 11.12.1995 and 31.8.1995 ' respectively on purely temporary basis in BPS. 14 to be governed by the Punjab Civil .Servants (Appointments and Conditions) Service Rules, 1974 liable to termination without assigning any reason/notice, pursuant to the advertisement published in National Daily (Appendix. -B) by the Director of Public Instructions (Secondary Education) Punjab Lahore, inviting applications from regular Punjab Government's primary, elementary and secondary school teachers of either sex, equipped with B Ed. Or higher professional degree for grant of S.S.T. Grade against 50% in service quota through the concerned District Education Officers, unsuccessfully exposed their candidature for consideration of the same, impelling recourse to the constitutional petitions. As a result whereof, Director of Public Instructions (S.E.)
Punjab, Lahore re-embarking upon the adventure, eventually rejected eventually rejected their representation on 16.7.2002 observing that their appointments were contractual, School specific and non-transferable under a Development Scheme, thus are not eligible for in service quota.
3. However, the learned Chairman Punjab Service tribunal, granting the respondents' appeal reversing the findings as to eligibility held that the applications would be deemed lo be pending tor consideration on merits in accordance with law vide the impugned judgment dated 20.10.2002, opining as under:- "10. In the instant appeals, referring to the appointment letters of the appellants there is no mention that the appointment of the appellants was to be contractual in nature. To the contrary Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 were made applicable to their appointments. Rule 7 of toe said rule states that the appointee shall remained on probation for a period of to year if appointed by initial recruitment and the appointing authority may extend the period of probation by further period not exceeding to years in all. After the end of the initial period of probation if no confirmation order is passed the probation shall be deemed to have been extended for to years but after the end of the initial and extended period of probation the appointee shall be deemed to be confirmed to the said post, even if there is no specific order of confirmation. Appellants according to the incorporation in their appointment letter of the Stipulation that they would be governed by the service rules stand confirmed after the expiry of four years. All the appellants were appointed in the year 1995, therefore, by the end of the year 1999 they stand confirmed as Graduate English Teachers.
11. Coming to the argument that the appellants appointment was school specific and non- transferable only in the case of appellant Shahbaz Mehmood of appeal No. 1707/2002 reference is definitely made in his appointment letter that his appointment shall be school specific and the teacher shall have to serve for at least three years in the same school where he is being offered the post. However, there is absolutely no mention that the condition of school specific was for indefinite period. Rights are government by an agreement offered by one side and accepted by others, In the case of appellant Shahbaz Mehmood, he was told that for three years, he shall serve at the school mentioned in the appointment letter and cannot seek his transfer to another school. After the end of three years this condition lapsed by efflux of time and as observed cannot have perennial condonation.
12. The appointments of appellants as Graduate English Teachers by no means were contractual in nature but like any other appointment they were governed by the Punjab Civil Servants (Appointment and Conditions of service) Rules, 1974 and the rules made therein which has its on dynamics and I need not dwell upon it. Suffice it to say that Graduate English Teachers possessing the requisite qualifications were appointed on merit by their respective recruitment/selection committees and with passage of time attained the status of confirmed teachers.
13. The playing field having been levelled, further question, which arises for adjudication, is whether the appellants were entitled to complete for the posts of SST in higher grade. The teachers made eligible to be appointed on 50% basis from in service quota were required to be B.Ed, or to possess higher qualifications. All the appellants, I am told are B.Ed, and one of them is in possession of Master Degree, as fact not refuted by the respondents, It would be violation of the Fundamental Right of equality as well as the right to choose one's profession, if their applications are not considered for appointment to the post of SST.
14. The up shot of the discussion, therefore, is that impugned order of the Director Public Instructions
(SE) . Punjab, Lahore dated 16.7.2002 is set aside on the ground that reasoning given is not acceptable on the detail exegesis made in the preceding paragraphs of this judgment. Appeals of the appellants are accepted and their applications for appointmefH. As SST shall be he deemed to be pending and would considered without any loss of time on merits in accordance with law."
4. Aggrieved whereby captioned petitions for leave to appeal were resorted to by an in service regular contemporary contender and the Government of the Punjab respectively reiterating the contentions viz the respondents appointment being temporary contractual school specific, non- transferable under the Development Scheme are not eligible for the awarding of S.S.T. Grade against in service quota under the banked upon advertisement.
5. To which the learned counsel appearing on behalf of the respondents as Caveator joined issue repelling the contentions submitted that having been duly appointed by the District Education Officers as English Teachers with the requisite qualifications on temporary basis with terms and conditions regulated under the Punjab Civil Servants (Appointments and Conditions) Service Rules, 1974 with efflux of time became permanent in terms of Rule 7 ibid.
6. Having considered the arguments canvassed at the bar, without dilating upon the respondents' stance of confirmation, acquiring permanent status with the efflux of time, we find ourselves in agreement with the conclusion arrived at by the learned Chairman Punjab Service Tribunal, holding that the respondents are not contractual employees.
7. Factum whereof is patently demonstrated by the bare perusal of their appointment letters explicitly categorizing the same as temporary, regulated under the Punjab Civil Servants (Appointments and Conditions}, Service Rules, 1974, without being school specific, for the spelt out restriction in terms of time span is only to avoid rapid transfers to extraneous consideration, therefore, for all intense and purposes are eligible for consideration of their candidature for the sought for awarding of S.S.T. Grade.
8. In view where of, the petitions being devoid of any substance, fail and are hereby dismissed, leave declined.