Law: Constitution of Pakistan, 1973

Section: 185(3),189,199

Constitution of Pakistan--- ----Arts. 185(2), 189 & 199---Constitutional petition---Judgment of Supreme Court---Order declining leave to appeal---Effect claimed advance increment but the same was declined on the basis of an earlier judgment passed by Supreme Court relied upon an order passed by Supreme Court refusing leave to appeal in another case---Validity---High Court was under obligation to follow and give effect to legal principles laid down by Supreme Court in the judgment---Leave refusing order did not refer any authoritative principle flowing from the same---Mere factum of leave refusing order could not characterized to have a binding force as against spirit of finding of Supreme Court recorded in judgment referred as adjudication was conclusive and equitable and was a judgment in rem---Constitutional petition was dismissed, in circumstances. Government of the Punjab through Secretary Education and others v. Faqir Hussain and 5 others 2004 PLC (C.S.) 491; Kareem Nawaz Khan v. The State through PGP and another 2016 SCMR 291; Shipyard K.Damen International v. Karachi Shipyard and Engineering Works Ltd. 2003 CLD 1; The Commissioner Inland Revenue v. The Secretary Revenue Division and others 2020 SCMR 2055 and Gulistan Textile Mills Ltd and another v. Soneri Bank Ltd. and another 2018 CLD 203 rel. JUDGMENT MUHAMMAD AMEER BHATTI, JUSTICE:---.--- The grievance, in precise, that surfaced the record of the instant petition refers to the petitioner’s claim of advance increments, in pursuance of notifications issued from time to time, on the premise of attaining additional qualification over and above the minimum prescribed qualification of F.A/F.Sc. along with C.T. for Middle/Elementary Teacher. There is no denying the fact that these notifications were eventually declared redundant and practice to grant increments was discontinued as a result of placing the Elementary Teachers, only to the extent of those possessing the qualification of B.A./B.Sc./prescribed professional training in BS-14 with 1/3rd, in Selection Grade BS-15. However, all those who did not possess such higher qualification were obliged to get the existing pay scales with the selection…

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