| Citation(s) |
|---|
| 2017 SLG 742 2017 SLD 742 2017 PLC 697 |
Supreme Court of Pakistan
Civil Appeals Nos.398-L to 405-L of 2010, 179-L to 183-L, 231-L, 424-L and 425-L of 2011, 17 to 23 of 2012 and C.M.As. Nos. 20-L, 41-L of 2011 and 99-L of 2012, decision & hearing dated: 09-03-2016. (On appeal against the judgment dated 17-5-2010 passed b
MIAN SAQIB NISAR, JUSTICE IQBAL HAMEEDUR RAHMAN, JUSTICE
Petitioner(s) by: Mehmood Ahmed Qazi, Advocate Supreme Court (in C.As. Nos.398-L to 402-L of 2010). Ch. Atta Ullah, Advocate Supreme Court (in C.A. No. 403-L of 2010). Mian Ghulam Rasool, Advocate Supreme Court (in C.M.As. Nos.20-L and 41-L of 2011).
Civil Appeals Nos.398-L to 405-L of 2010, 179-L to 183-L, 231-L, 424-L and 425-L of 2011, 17 to 23 of 2012 and C.M.As. Nos. 20-L, 41-L of 2011 and 99-L of 2012, decision & hearing dated: 09-03-2016. (On appeal against the judgment dated 17-5-2010 passed b
MIAN SAQIB NISAR, JUSTICE IQBAL HAMEEDUR RAHMAN, JUSTICE
Petitioner(s) by: Mehmood Ahmed Qazi, Advocate Supreme Court (in C.As. Nos.398-L to 402-L of 2010). Ch. Atta Ullah, Advocate Supreme Court (in C.A. No. 403-L of 2010). Mian Ghulam Rasool, Advocate Supreme Court (in C.M.As. Nos.20-L and 41-L of 2011).
ABDUL HAMEED AND OTHERS
VS
SPECIAL SECRETARY EDUCATION, GOVERNMENT OF PUNJAB, LAHORE AND OTHERS
Law:
Section: 16
(a) Punjab Civil Servants Act (VIII of 1974)--- ----S. 16---Untrained teachers employed under a Scheme as temporary employees--- Regularization in service--- Entitlement to annual increments for the period before regularization---Appointment letter of the teachers in the present case and the terms and conditions propounded therein specifically mentioned that the service of the candidate would be governed under the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---Services of the teachers, in such circumstances, were to be governed under the Punjab Civil Servants Act, 1974---Section 16 of the said Act which dealt with pay would be relevant for the present case---When the salaries of the teachers, which they had received prior to their regularization/ confirmation, were in accordance with law then they were entitled also to the annual increment on the basis of the same---No distinction could be drawn between the untrained and trained teachers---Teachers were entitled to receive full annual increments for the whole period prior to their regularization---Appeals were disposed off accordingly. (b) Punjab Civil Servants Act (VIII of 1974)--- ----S. 16--- Pay--- Ancillary privileges of pay---When a civil servant appointed to a post was entitled to the pay sanctioned for such post, then he would also be entitled to the ancillary privileges of such pay. THIS JUDGMENT DELIVERED BY: IQBAL HAMEEDUR RAHMAN, J.--- Through this judgment we intend to decided all the above listed appeals which have arisen with the leave of the Court against the judgment dated 17.05.2010 of the Punjab Service Tribunal, Lahore (hereinafter to be referred as the Tribunal). Civil Appeals Nos. 398-L, to 403-L/2010 have been filed by the PTC/Un-Trained Teachers (hereinafter to be referred as the Teachers) while Civil Appeals Nos. 404-L, 405-L/2010, 179-L to 183-L, 231-L, 424-L, 425-L/2011 and 17 to 23/2012 have been filed by the different departments (hereinafter to be referred as the Department). The Tribunal has partially allowed the appeals of the Teachers by holding that they are allowed benefit of full increments for the period of first two years from the date of their…
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