Law: Establishment of West Pakistan Act, 1955

Section: 8(b)

Law: Constitution of Pakistan, 1962

Section: 98

(a) Civil services Transfers - Punjab Educational Service -Educational Department Circular Letter No. S. C. (S. R.)-1/22- 71-Government deciding that A. D. Is. (Assistant District Inspec tors) could be transferred and posted to Teaching Posts and S. E. Ts. (Senior English Teachers) of relevant cadres could be posted as A. D. is. Policy decision of Government that incumbents of the two posts could be interchanged, held, valid and did not suffer from any legal defect-Punjab Subordinate Educational Service Rules, 1937, Appendix "A"-Establishment of West Pakistan Act, 1955, S. 8(b). On 16-7-71 the Government of the Punjab organised the Educational Service in some respects and made a policy contained in the Educational Department Circular No. S. C. (S. R.)-1/22-71, whereby the Government decided that the Assistant District Inspectors could be transferred and posted to Teaching Posts and similarly the Senior English Teachers of the relevant cadres with appropriate interests and aptitudes could be posted as Assis tant District Inspectors. This order of the Government was impugned in writ petition and it was urged that the cadre of service of the Assistant District Inspector was different from that of the Senior English Teacher and the incumbents of the two posts could not be interchanged. Held: In rule 9 of the Punjab Subordinate Educational Service Rules, 1937 it was laid down that .s member of the "service" from the date of joining bit appointment was entitled to pay as shown in Appendice A, B or C and it was further stated that nothing in these rules, however, shall affect the inherent right of Government to increase or reduce the scale of pay then prescribed In Appendices A, B and C, eitner permanent ly or temporarily for future entrants to the service. Appendix "A" attached to these rules indicated as to which posts were placed in which class. According to, that Appendix the service has been divided into two broad sections, namely, (a) Anglo Vernacular Section and (b) Classical and Vernacular Section. The table in the Appendix "A" shows that Senior English Teachers (which the Department has stated were also Second Masters),…