| Citation(s) |
|---|
| 2000 SLG 104 2000 SLD 104 = 2000 PLC(CS) 553 |
Appeals Nos. 180-R, 181-R, 185-R to 190-R of 1997, decided on 30th June, 1997.
Abdul Razzaq A. Thahim, Chairman, Aftab Ahmed, Muhammad Raza Khan and Noor Muhammad Magsi, Members
Dr. HAFIZ AHMED KHAN and others
VERSUS
TIE SECRETARY, ESTABLISHMENT DIVISION. and others
Law:
Section:
MUHAMMAD RAZA KHAN (MEMBER).---This judgment will also dispose of connected Appeals Nos. 181(R), 185(R), 186(R), and 187(R) of 1997 as well as Appeals Nos. 188(R), 189(R), and 190(R) of 1997 as the identical questions of law and facts, with slight changes in the two sets of appeals, are involved and, therefore, all these appeals can be decided by a single consolidated judgment. In the background of these appeals lies a decision of the Federal Government taken on 21-9-1992 whereby the fourtier formula for the teaching staff serving in the Model Educational Institutions in Islamabad constituting of the Professors ( BPS-20), Associate Professors (BPS-19), Assistant Professors (BPS-18) and Lecturers ( BPS- 17) was fixed at 1:15;34:50 respectively. The present controversy is with regard to the filling up of the posts of Associate Professors (BPS-19) 15% of the entire strength of the said officers was in BPS-19 as Associate Professors and out of this strength 75 % posts were reserved for promotion whereas 25 % posts were to be filled in by direct recruitment. The private respondents in all these cases and some officers, working in, other categories, as Vice-Principals and Principals have been agitating the issues of their inter se seniority etc. through several appeals which have been decided earlier. In some of such appeals this Tribunal had directed that the teaching community was suffering irreparable loss in the determination of their seniority and with regard to the failure on the part of the concerned divisions to consider them for promotion to the next higher scales. On the one hand, the officers already working in the-Model Institutions had several grievances with regard to their own terms and conditions of service and further prospects within the quota of 75 reserved for their promotion to each of the higher category and, on the other hand, the officers, who were to be recruited against 25 % quota directly, were also aggrieved and the present sets of appeals had been filed by the said direct recruits against the promotees in connection with a dispute indirectly relating to the determination of their seniority viz-a-viz the promotees. Vide a…